Ferguson v. Pioneer State Mutual Insurance

731 N.W.2d 94, 273 Mich. App. 47
CourtMichigan Court of Appeals
DecidedNovember 21, 2006
DocketDocket Nos. 260876, 261397
StatusPublished
Cited by26 cases

This text of 731 N.W.2d 94 (Ferguson v. Pioneer State Mutual Insurance) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ferguson v. Pioneer State Mutual Insurance, 731 N.W.2d 94, 273 Mich. App. 47 (Mich. Ct. App. 2006).

Opinion

PER CURIAM.

In these consolidated appeals, defendant appeals, by leave granted, the trial courts’ denials of its motions for change of venue. Because MCL 600.1621 governs venue in actions for breach of contract arising from an insurer’s denial of benefits pursuant to under-insured motorist policies, we affirm.

In Docket No. 260876, plaintiffs filed suit against defendant in the Genesee Circuit Court to recover underinsured motorist and first-party personal protection insurance (PIP) benefits pursuant to a no-fault insurance policy that defendant issued to them. Plaintiffs alleged that James Ferguson was involved in a motor vehicle accident on January 3, 2003, in Elkhart County, Indiana, and that, as a result, he sustained “serious bodily injuries” within the meaning of the insurance policy.1 Plaintiffs further alleged that they notified defendant of their claims for underinsured motorist and PIP benefits, and defendant wrongfully denied the claims in breach of the insurance contract. Defendant responded to the complaint and thereafter moved for a change of venue to Kent County, asserting that MCL 600.1629 applied to plaintiffs action and that, under this statute, venue was proper only in Kent [49]*49County. The trial court denied defendant’s motion, ruling that because the actions sounded in contract, MCL 600.1621 was applicable and that, as a result, venue was appropriate in Genesee County. This Court granted defendant’s application for leave to appeal. Ferguson v Pioneer State Mut Ins Co, unpublished order of the Court of Appeals, entered March 22, 2005 (Docket No. 260876).

In Docket No. 261397, plaintiffs similarly filed suit against defendant in the Ingham Circuit Court to recover underinsured motorist benefits pursuant to a no-fault insurance policy that defendant issued to them. Plaintiffs alleged that Darrell Ferree was involved in a motor vehicle accident on October 20, 2002, in Eaton County, Michigan, and that, as a result, he sustained “severe bodily injuries.”2 Plaintiffs alleged that they notified defendant of their claim for underinsured motorist benefits, which claim defendant wrongfully denied in breach of the insurance contract. Defendant moved for a change of venue to Eaton County, asserting that under MCL 600.1629, venue was proper only in Eaton County. The trial court denied defendant’s motion, ruling that MCL 600.1621 governed plaintiffs action and that venue was therefore appropriate in Ingham County.3 This Court granted defendant’s application for leave to appeal. Ferree v Pioneer State Mut Ins Co, unpublished order of the Court of Appeals, entered April 22, 2005 (Docket No. 261397). Thereafter, this Court granted defendant’s motion to consolidate the two appeals.

We review a trial court’s ruling on a motion to change venue for clear error. Massey v Mandell, 462 Mich 375, [50]*50379; 614 NW2d 70 (2000). A decision is clearly erroneous if the reviewing court is left with the definite and firm conviction that a mistake has been made. Id. This Court reviews de novo the trial court’s interpretation of statutes governing venue. Colucci v McMillin, 256 Mich App 88, 93-94; 662 NW2d 87 (2003).

The sole issue presented by the instant appeals is whether venue is properly determined pursuant to MCL 600.1621 or MCL 600.1629. Those provisions provide in relevant part:

Sec. 1621. Except for actions provided for in sections 1605 [real property], 1611 [probate bond], 1615 [governmental units], and 1629 [set forth below], venue is determined as follows:
(a) The county in which a defendant resides, has a place of business, or conducts business, or in which the registered office of a defendant corporation is located, is a proper county in which to commence and try an action. [MCL 600.1621.]
Sec. 1629. (1) Subject to subsection (2),
(a) The county in which the original injury occurred and in which either of the following applies is a county in which to file and try the action:
(i) The defendant resides, has a place of business, or conducts business in that county.
(ii) The corporate registered office of a defendant is located in that county.
(b) If a county does not satisfy the criteria under subdivision (a), the county in which the original injury occurred and in which either of the following applies is a county in which to file and try the action:
[51]*51(i) The plaintiff resides, has a place of business, or conducts business in that county.
(ii) The corporate registered office of a plaintiff is located in that county.
(c) If a county does not satisfy the criteria under subdivision (a) or (b), a county in which both of the following apply is a county in which to file and try the action:
(i) The plaintiff resides, has a place of business, or conducts business in that county, or has its corporate registered office located in that county.
(ii) The defendant resides, has a place of business, or conducts business in that county, or has its corporate registered office located in that county.
(d) If a county does not satisfy the criteria under subdivision (a), (b), or (c), a county that satisfies the criteria under section 1621 or 1627 is a county in which to file and try an action. [MCL 600.1629(1).]

Defendant argues that MCL 600.1629(1) governs the determination of venue in each of these cases, because both the Fergusons and the Ferrees are actually seeking to recover damages for personal injury, albeit by means of an action for breach of contract. There are no Michigan cases that discuss whether an action against an insurer for underinsured motorist benefits constitutes an “action based on... another legal theory seeking damages for personal injury, property damage, or wrongful death” within the meaning of MCL 600.1629. Therefore, whether MCL 600.1621 or MCL 600.1629 governs venue in these actions is a question of first impression.

The primary goal of statutory interpretation is to ascertain and give effect to the Legislature’s intent as expressed by the language of the statute. Neal v Wilkes, 470 Mich 661, 665; 685 NW2d 648 (2004). When determining intent, a court must look first at the language of [52]*52the statute. People v Borchard-Ruhland, 460 Mich 278, 284; 597 NW2d 1 (1999). Unless defined in the statute, every word or phrase should be given its plain and ordinary meaning, considering the context in which the words are used. Robertson v DaimlerChrysler Corp, 465 Mich 732, 748; 641 NW2d 567 (2002). Effect is to be given to every provision, and the whole statute is to be considered in order to achieve a harmonious and consistent result. Macomb Co Prosecutor v Murphy, 464 Mich 149, 159; 627 NW2d 247 (2001). “When the language of a statute is unambiguous, the Legislature’s intent is clear and judicial construction is neither necessary nor permitted.” Griffith v State Farm Mut Auto Ins Co, 472 Mich 521, 526; 697 NW2d 895 (2005).

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Bluebook (online)
731 N.W.2d 94, 273 Mich. App. 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferguson-v-pioneer-state-mutual-insurance-michctapp-2006.