Lewis v. Farmers Insurance Exchange

888 N.W.2d 916, 315 Mich. App. 202
CourtMichigan Court of Appeals
DecidedApril 19, 2016
DocketDocket 324744
StatusPublished
Cited by31 cases

This text of 888 N.W.2d 916 (Lewis v. Farmers Insurance Exchange) 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
Lewis v. Farmers Insurance Exchange, 888 N.W.2d 916, 315 Mich. App. 202 (Mich. Ct. App. 2016).

Opinion

PER CURIAM.

In this action for personal protection insurance (PIP) benefits under the no-fault act, MCL 500.3101 et seq., defendant appeals by leave granted 1 the trial court’s order denying its motion for summary disposition against plaintiff Valencia Lewis and plaintiff R & R Transportation, LLC. 2 We reverse and remand for entry of an order granting summary disposition in favor of defendant.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

This case arises out of plaintiffs claim for PIP benefits—under a no-fault policy issued by defendant to plaintiffs purported relative, Tamekiah Gordon—for injuries plaintiff suffered as a pedestrian during a hit-and-run car accident on October 26, 2012. On that date, plaintiff was a resident of Harrison Township, Michigan, and lived in a townhouse with Gordon and DeQuail Johnson, Gordon’s son. At the time, neither plaintiff nor Johnson owned a motor vehicle covered by no-fault insurance. Gordon, however, owned a Ford Expedition that was insured under a no-fault policy issued by defendant.

Under the general definitions section in Gordon’s no-fault policy, “family member” was defined as fol *205 lows: “Family member means a person related to you [the named insured] by blood, marriage or adoption who is a resident of your household.” Additionally, Part III of the policy, which governed PIP coverage, provided, in pertinent part:

We [Farmers] agree to pay in accordance with the Code [i.e., Chapter 31 of the Michigan Insurance Code, which is the no-fault act, MCL 500.3101 et seq.] the following benefits to or for an insured person ....
[[Image here]]
Insured person as used in this part means: you or any family member....

Approximately 10 months after the accident, plaintiff initiated the instant action, asserting that defendant failed to pay PIP benefits to which she was entitled. The basis of her claim was that, under the terms of Gordon’s policy and MCL 500.3114(1), which provides that PIP benefits can be recovered by “the person named in the policy” or “a relative . . . domiciled in the same household,” plaintiff qualified as a “relative” who was “domiciled in the same household” as Gordon at the time of the accident, entitling her to PIP benefits under Gordon’s policy. (Emphasis added.)

In October 2013, defendant filed an answer to plaintiffs complaint. Along with its answer, defendant asserted, as an affirmative defense, that it was not first in priority to pay the no-fault benefits at issue.

Discovery ensued, spanning roughly 11 months. Plaintiff was deposed twice, and both times she was questioned about her relationship to Gordon. During her first deposition, plaintiff described Gordon as her sister. However, at the second deposition, plaintiff described Gordon as her cousin:

Q. [I]s she [Gordon] related to you?
A. Yes.
*206 Q. What is her relationship?
A. My cousin.
Q. When you say “cousin [,] is there a blood relationship there? Is she the daughter of [one of your parents’ siblings]?
A. No.
Q. So when you say “cousin[,]” she is a good friend of yours [,] correct?
A. No, we was [sic] married into the family.
Q. Okay. She is your cousin by marriage?
A. Yes.
Q. Okay. Explain to me how is she a cousin by marriage?
A. Her uncle is my uncles [sic],
Q. Her uncle was your uncle?
A. Yeah.
Q. I’m sorry. Youfve] got to clarify this for me. ... Who is your uncle? What do you mean?
A. How can I put it? My aunt married—
Q. Wait. Your aunt. Now ... I think of my mother’s good friend as my aunt. When you say “aunt” is that your mother [⅛ sister] or your father’s sister?
A. My father’s sister.
Q. Your father’s sister. Okay. That’s your aunt.
A. Right.
[[Image here]]
Q. Okay... . Your aunt is married to [whom]? How is that connection there?
A. [Gordon]⅛ father],] his brother is married to my aunt, my father’s sister.
Q. So [Gordon] ⅛ uncle . . . the brother of [Gordon] ⅛ father [,] is married to your aunt?
*207 A. Exactly.
Q. Okay. So on October 26th, 2012 [the date of the accident] was your father’s sister still married to [Gordon] ⅛ uncle?
A. Yes.
Q. Are they still married?
A Yes.

Contrary to her testimony during the first deposition, plaintiff admitted at the second deposition that Gordon was not her blood relative, deeming Gordon her “cousin by marriage.” 3

In September 2014, defendant filed a motion for summary disposition under MCR 2.116(C)(10). Defendant argued that, given plaintiffs testimony at the second deposition, no genuine issue of material fact existed regarding the relationship between plaintiff and Gordon. Defendant further argued that (1) plaintiff was admittedly unrelated to Gordon by blood, (2) plaintiff was also, as a matter of law, unrelated to Gordon by affinity (i.e., by marriage), and (3) therefore, plaintiff did not qualify as Gordon’s relative under MCL 500.3114(1). Finally, defendant argued that because plaintiff was not Gordon’s relative, she was not entitled to PIP benefits under Gordon’s policy.

In response, plaintiff argued that she and Gordon were “cousins by affinity,” which is a degree of familial relation. Plaintiff also argued that both the no-fault act and the language of Gordon’s policy were unclear regarding “the degree of relation that relatives must share in order to collect [PIP] benefits under [a] relative’s insurance policy.” Therefore, according to plaintiff, summary disposition in favor of defendant was *208

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Damonte Antwan Cater v. Eric Myers Powell
Michigan Court of Appeals, 2026
Senate v. House of Representatives
Michigan Court of Appeals, 2025
20250115_C366138_31_366138.Opn.Pdf
Michigan Court of Appeals, 2025
20241223_C367516_30_367516.Opn.Pdf
Michigan Court of Appeals, 2024
Delisa Mapp v. Progressive Insurance Company
Michigan Court of Appeals, 2023
Janet Hauanio v. Alvin Smith
Michigan Court of Appeals, 2021
Donald R Ellis v. Anesti Bello
Michigan Court of Appeals, 2019

Cite This Page — Counsel Stack

Bluebook (online)
888 N.W.2d 916, 315 Mich. App. 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-farmers-insurance-exchange-michctapp-2016.