Farmers Ins. Exchange v. FARM BUREAU GEN. INS. CO.

731 N.W.2d 757, 478 Mich. 880, 2007 Mich. LEXIS 1248
CourtMichigan Supreme Court
DecidedJune 1, 2007
Docket132179
StatusPublished
Cited by4 cases

This text of 731 N.W.2d 757 (Farmers Ins. Exchange v. FARM BUREAU GEN. INS. CO.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farmers Ins. Exchange v. FARM BUREAU GEN. INS. CO., 731 N.W.2d 757, 478 Mich. 880, 2007 Mich. LEXIS 1248 (Mich. 2007).

Opinion

731 N.W.2d 757 (2007)

FARMERS INSURANCE EXCHANGE, Plaintiff-Appellee,
v.
FARM BUREAU GENERAL INSURANCE COMPANY OF MICHIGAN, Defendant-Appellant.

Docket No. 132179. COA No. 259763.

Supreme Court of Michigan.

June 1, 2007.

On April 11, 2007, the Court heard oral argument on the application for leave to appeal the August 17, 2006 judgment of the Court of Appeals. On order of the Court, the application for leave to appeal is again considered, and it is DENIED, because we are not persuaded that the questions *758 presented should be reviewed by this Court.

MICHAEL F. CAVANAGH, J., would grant leave to appeal.

MARKMAN, J., dissents and states as follows:

I respectfully dissent. By denying leave to appeal in this priority dispute, the majority leaves intact a published decision of the Court of Appeals that subjects no-fault insurance carriers to liability for vehicles not covered by an insurance policy and driven by persons with whom the insurer has no relationship whatsoever. This is a remarkable expansion of the concept of insurance responsibility in this state. The Court of Appeals erred, in my judgment, by failing to read the relevant provision of the no-fault act, MCL 500.3114(5)(a), in the context of the entire no-fault act and the financial responsibility act. Given that necessary context, the statute can only reasonably be read as imposing liability on an insurer when the vehicle involved in the accident is covered by a no-fault insurance policy.

The claimant in the underlying first-party no-fault case, a motorcyclist, was injured when he was struck by an uninsured van driven by Lynn Smith. Although the van was purchased for Smith's exclusive use, it was co-owned with her boyfriend, John Petiprin. Smith purchased a no-fault insurance policy for the van from Pioneer State Insurance Company. However, before the accident, Smith had allowed the policy to lapse. Petiprin, on the other hand, had a no-fault insurance policy with defendant Farm Bureau General Insurance Company of Michigan on his personal vehicle. However, Smith's van had never been covered by defendant's policy, Smith was not listed as a named insured in defendant's policy, and Smith was neither a resident of Petiprin's household nor related to him so as to fall within defendant's policy. The injured motorcyclist applied for and received personal protection insurance benefits from the Assigned Claims Facility, pursuant to MCL 500.3172, which assigned the claim to plaintiff Farmers Insurance Exchange. Plaintiff then filed the instant action for declaratory relief, claiming that defendant is liable for the benefits received by the motorcyclist under MCL 500.3114(5)(a). The trial court granted summary disposition to plaintiff, holding that, as the insurer of the co-owner of the vehicle, defendant owed coverage pursuant to MCL 500.3114(5)(a). The Court of Appeals affirmed in a published opinion, 272 Mich. App. 106, 724 N.W.2d 485 (2006), and leave to appeal was sought in this Court. 477 Mich. 995, 725 N.W.2d 663 (2007).

MCL 500.3114(5) states in relevant part:

A person suffering accidental bodily injury arising from a motor vehicle accident which shows evidence of the involvement of a motor vehicle while an operator or passenger of a motorcycle shall claim personal protection insurance benefits from insurers in the following order of priority:
(a) The insurer of the owner or registrant of the motor vehicle involved in the accident.

When construing a statute, this Court's primary obligation is to ascertain the legislative intent that may be reasonably inferred from the express words of the statute. Chandler v. Muskegon Co., 467 Mich. 315, 319, 652 N.W.2d 224 (2002). The interpretative doctrine of noscitur a sociis, i.e., that "a word or phrase is given meaning by its context or setting," affords courts assistance in interpreting the words of the law. G C Timmis & Co. v. Guardian Alarm Co., 468 Mich. 416, 420, 662 N.W.2d 710 (2003).

"[Words and phrases] must be read in context with the entire act, and the *759 words and phrases used there must be assigned such meanings as are in harmony with the whole of the statute. . . ." Arrowhead Dev. Co. v. Livingston Co. Rd. Comm., 413 Mich. 505, 516, 322 N.W.2d 702 (1982). "Words in a statute should not be construed in the void, but should be read together to harmonize the meaning, giving effect to the act as a whole." Gen. Motors Corp. v. Erves (On Rehearing), 399 Mich. 241, 255, 249 N.W.2d 41 (1976)(opinion by COLEMAN, J.). Although a phrase or a statement may mean one thing when read in isolation, it may mean something substantially different when read in context. McCarthy v. Bronson, 500 U.S. 136, 139, 111 S.Ct. 1737, 114 L.Ed.2d 194 (1991); Hagen v. Dep't of Ed., 431 Mich. 118, 130-131, 427 N.W.2d 879 (1988). "In seeking meaning, words and clauses will not be divorced from those which precede and those which follow." People v. Vasquez, 465 Mich. 83, 89, 631 N.W.2d 711 (2001), quoting Sanchick v. State Bd. of Optometry, 342 Mich. 555, 559, 70 N.W.2d 757 (1955). [G C Timmis, supra at 421, 662 N.W.2d 710.]

In holding that MCL 500.3114(5) imposes liability on defendant for the underlying accident, the Court of Appeals looked selectively at the context of this provision; it looked to some, but not all, of the context of the act. Specifically, the Court of Appeals noted that MCL 500.3115(1)(a), which specifies the priority of insurers liable for payment of no-fault benefits to persons suffering injury in an automobile accident while not an occupant of a motor vehicle, assigns the highest priority to "insurers of owners or registrants of motor vehicles involved in the accident." In Pioneer State Mut. Ins. Co. v. Titan Ins. Co., 252 Mich.App. 330, 336, 652 N.W.2d 469 (2002), the Court of Appeals held that the language of MCL 500.3115(1)(a)

clearly states that the insurer of the owner or registrant of the motor vehicle involved in the accident is liable for payment of personal protection insurance benefits. Contrary to Pioneer's argument, the statute does not state that the injured person must seek these benefits from the insurer of the motor vehicle. Stated another way, the statute does not mandate that the vehicle involved in the accident must have been insured by the insurer of the owner before an injured person can seek benefits.[[1]]

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731 N.W.2d 757, 478 Mich. 880, 2007 Mich. LEXIS 1248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmers-ins-exchange-v-farm-bureau-gen-ins-co-mich-2007.