Henderson v. State Farm Fire & Casualty Co.

596 N.W.2d 190, 460 Mich. 348
CourtMichigan Supreme Court
DecidedJuly 8, 1999
Docket110822, Calendar No. 10
StatusPublished
Cited by296 cases

This text of 596 N.W.2d 190 (Henderson v. State Farm Fire & Casualty 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
Henderson v. State Farm Fire & Casualty Co., 596 N.W.2d 190, 460 Mich. 348 (Mich. 1999).

Opinions

Taylor, J.

We granted leave to appeal in this case to review the Court of Appeals first impression construction of the phrase “in the care of” in a homeowner’s insurance policy. The Court of Appeals determined that the phrase was ambiguous and that there was no genuine issue of material fact that Dawn Mysierowicz, plaintiff’s assignor, came within the definition of an insured1 under defendant’s insurance policy because she was “in the care of” the named insured. We find that the Court of Appeals erred in reaching this holding. Because we conclude that neither plaintiff nor defendant was entitled to summary disposition, we reverse and remand to the trial court for further proceedings.

BACKGROUND FACTS AND PROCEEDINGS BELOW

In early 1993, Mysierowicz’ mother was in the process of divorcing her father and was unable to provide a home for her. Bonnie Twitchell, the mother of Mysierowicz’ boyfriend Travis Twitchell, agreed that Mysierowicz could stay at the Twitchell home on a [351]*351temporary basis.2 On June 19, 1993, plaintiff Daniel Henderson was visiting the Twitchell household. An altercation occurred with some strangers in front of the Twitchell home during which plaintiff was stabbed. Henderson subsequently filed a lawsuit alleging that Travis Twitchell and Mysierowicz had negligently provoked the strangers, resulting in his being injured.

The lawsuit was tendered to State Farm Fire and Casualty Company. State Farm assumed a defense for Travis Twitchell, but declined to provide a defense for Mysierowicz on the basis that she was not an “insured” within the meaning of the insurance policy. Plaintiff obtained a default judgment for $75,000 against Mysierowicz. In consideration of a promise by Henderson not to proceed against her personal assets, Mysierowicz assigned all rights, benefits and claims she had against State Farm to Henderson.

Henderson subsequently filed a complaint, as Mysierowicz’ assignee, against State Farm alleging that it had breached its obligations when it did not defend and provide coverage to Mysierowicz under the Twitchell homeowner’s policy. Plaintiff alleged that he was entitled to a judgment of $75,000 against defendant. State Farm filed an answer denying liability on the basis that Mysierowicz was not an “insured” as the term was defined in the insurance policy.

After depositions of Mysierowicz and the Twitchells were taken, plaintiff filed a motion for summary disposition under MCR 2.116(C)(9) (failure to state a [352]*352valid defense) and MCR 2.116(C)(10) (no genuine issue of material fact). Plaintiff argued on the basis of deposition testimony that he filed with his motion that Mysierowicz fit within the definition of an “insured” in the insurance policy. Defendant responded by filing its own motion for summary disposition under MCR 2.116(C)(10). Defendant also cited and provided deposition testimony it said demonstrated that Mysierowicz was not an “insured” and that it had properly refused to defend or provide coverage in the earlier lawsuit.

The trial court denied plaintiffs motion and granted defendant’s motion. The court explained:

This Court finds that Dawn Mysierowicz was at the age of 18, [a] legal adult suffering from no physical or mental disabilities. She resided with the Twitchelfls] and was not under the[ir] control, guidance, supervision, management or custody. As such it is clear to this Court that State Farm’s policy of insurance did not provide coverage to her because she was not, “In the care of,” the insureds. Thus, this Court finds no genuine issue as to any material fact.

Plaintiff filed a claim of appeal. After consulting dictionary definitions of the word “care” and some out-of-state cases, the Court of Appeals determined that “care” had many meanings and thus the phrase “in the care of” was ambiguous because it could also reasonably be understood to have different meanings. The Court ultimately reversed the order granting summary disposition for defendant and further found that there was no genuine issue of material fact that Mysierowicz came within the definition of “insured” because she was “in the care of” Bonnie Twitchell, the named insured under defendant’s homeowner’s policy. 225 Mich App 703; 572 NW2d 216 (1997). We [353]*353subsequently granted defendant’s application for leave to appeal. 459 Mich 880 (1998).

STANDARD OF REVIEW

We review the grant or denial of a motion for summary disposition de novo. Groncki v Detroit Edison Co, 453 Mich 644, 649; 557 NW2d 289 (1996). Further, the construction and interpretation of an insurance contract is a question of law for a court to determine that this Court likewise reviews de novo. Morley v Automobile Club of Michigan, 458 Mich 459, 465; 581 NW2d 237 (1998). Whether contract language is ambiguous is also a question of law which we review de novo. Port Huron Ed Ass’n v Port Huron Area School Dist, 452 Mich 309, 323; 550 NW2d 228 (1996). It is axiomatic that if a word or phrase is unambiguous and no reasonable person could differ with respect to application of the term or phrase to undisputed material facts, then the court should grant summary disposition to the proper party pursuant to MCR 2.116(C)(10). Moll v Abbott Laboratories, 444 Mich 1, 28, n 36; 506 NW2d 816 (1993). Conversely, if reasonable minds could disagree about the conclusions to be drawn from the facts, a question for the factfinder exists. Id.

PRINCIPLES UTILIZED IN INTERPRETING INSURANCE CONTRACTS

Initially, in reviewing an insurance policy dispute we must look to the language of the insurance policy and interpret the terms therein in accordance with Michigan’s well-established principles of contract con[354]*354struction. Arco Industries Corp v American Motorists Ins Co, 448 Mich 395, 402; 531 NW2d 168 (1995).

First, an insurance contract must be enforced in accordance with its terms. Upjohn Co v New Hampshire Ins Co, 438 Mich 197, 207; 476 NW2d 392 (1991). A court must not hold an insurance company liable for a risk that it did not assume. Auto-Owners Ins Co v Churchman, 440 Mich 560, 567; 489 NW2d 431 (1992). Second, a court should not create ambiguity in an insurance policy where the terms of the contract are clear and precise. Id. Thus, the terms of a contract must be enforced as written where there is no ambiguity. Stine v Continental Casualty Co, 419 Mich 89, 114; 349 NW2d 127 (1984).

While we construe the contract in favor of the insured if an ambiguity is found, Auto Club Ins Ass’n v DeLaGarza, 433 Mich 208, 214; 444 NW2d 803 (1989), this does not mean that the plain meaning of a word or phrase should be perverted, or that a word or phrase, the meaning of which is specific and well recognized, should be given some alien construction merely for the purpose of benefitting an insured. Upjohn Co, supra at 208, n 8. The fact that a policy does not define a relevant term does not render the policy ambiguous. Auto Club Group Ins Co v Marzonie, 447 Mich 624, 631; 527 NW2d 760 (1994). Rather, reviewing courts must interpret the terms of the contract in accordance with their commonly used meanings. Group Ins Co of Michigan v Czopek, 440 Mich 590, 596; 489 NW2d 444 (1992). Indeed, we do not ascribe ambiguity to words simply because dictionary publishers are obliged to define words differently to avoid possible plagiarism.

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Bluebook (online)
596 N.W.2d 190, 460 Mich. 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-state-farm-fire-casualty-co-mich-1999.