Lotoszinski v. State Farm Mutual Automobile Insurance

331 N.W.2d 467, 417 Mich. 1, 1982 Mich. LEXIS 628
CourtMichigan Supreme Court
DecidedDecember 23, 1982
Docket64339, (Calendar No. 2)
StatusPublished
Cited by13 cases

This text of 331 N.W.2d 467 (Lotoszinski v. State Farm Mutual Automobile Insurance) 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
Lotoszinski v. State Farm Mutual Automobile Insurance, 331 N.W.2d 467, 417 Mich. 1, 1982 Mich. LEXIS 628 (Mich. 1982).

Opinions

Fitzgerald, C.J., and Williams, Coleman, and Ryan, JJ.

This opinion was written by Justice Blair Moody, Jr., prior to his death on November 26, 1982. We concur in this opinion and adopt it as our own.

The substantive issue presented in this pre-nofault1 case is whether a person injured in a motor vehicle accident may recover benefits from his or her own uninsured motorist insurance policy when the tortfeasor’s liability insurance policy limits are exhausted by other claimants and the tortfeasor is uncollectible.

Consistent with the unambiguous language of MCL 500.3010; MSA 24.13010,2 we hold that a [5]*5person may not collect benefits from his or her own uninsured motorist policy when the tortfeasor’s insurance coverage meets the statutorily required limits.

Plaintiff, Mary Kay Lotoszinski, then a minor, was injured on June 3, 1971, when a motorcycle on which she was a passenger collided with an automobile driven by Norma Jean Hunter. The automobile was owned by Norma Jean’s husband, Richard Hunter. The Hunter vehicle was insured by Auto-Owners Insurance Company for the minimum limits allowed by statute.3

Plaintiff obtained a judgment against the Hunters in the amount of $180,000. Her mother, Margaret Lotoszinski, obtained a judgment in excess of $10,000 for the medical bills of her minor daughter. The Hunters’ insurer paid Margaret Lotoszinski $10,000. The driver of the motorcycle had previously been paid $10,000. These payments exhausted the limits of the Hunters’ liability insurance, and Mary Kay received nothing. She was also unable to collect from the Hunters, who were discharged in bankruptcy.

Plaintiff then filed a claim under the uninsured motorist provisions of the separate policies issued by defendant, State Farm Mutual Automobile Insurance Company, to Mary Kay and her mother. The policies provided for arbitration of claims made under the uninsured motorist provisions. State Farm denied coverage under the relevant policy provisions and refused to proceed to arbitration. Plaintiff filed suit in the Ingham Circuit [6]*6Court demanding arbitration, which the circuit court ordered. After an arbitration hearing, an award favorable to defendant was entered.

Plaintiffs motion to vacate the arbitration award was denied. The Court of Appeals affirmed, stating that because the arbitrators had not exceeded their authority, the Court had no authority to overturn their decision. Lotoszinski v State Farm Mutual Automobile Ins Co, 94 Mich App 164; 288 NW2d 369 (1979). This Court granted leave to appeal. 408 Mich 960 (1980).

The initial issue presented „ is the standard of review to be employed by the courts when reviewing arbitration decisions. This issue was recently addressed by this Court in DAIIE v Gavin and DAIIE v Standfest, 416 Mich 407, 443; 331 NW2d 418 (1982). The judicial standard of review adopted therein was as follows:

" 'Where it clearly appears on the face of the award or the reasons for the decision as stated, being substantially a part of the award, that the arbitrators through an error in law have been led to a wrong conclusion, and that, but for such error, a substantially different award must have been made, the award and decision will be set aside.’ ”

This is the standard we now follow in determining whether the instant arbitration award should be vacated.

The substantive issue presented is whether a person injured in a motor vehicle accident may recover under the uninsured motorist provision of his or her own policy of insurance when the tortfeasor’s liability insurance policy limits are exhausted by other claimants and the tortfeasor is uncollectible because of bankruptcy.

Plaintiff advances two theories which she con[7]*7tends justify recovery. First she contends that Norma Jean Hunter was an "uninsured motorist” as the Legislature used that term in MCL 500.3010; MSA 24.13010. Second, she contends that Norma Jean Hunter was an "uninsured motorist” as that term is defined in her policy with State Farm. Thus, plaintiff believes she is entitled to recover both under the statute and the language of her policy.

Defendant replies that the Hunters were insured both under the terms of the statute and their policy with plaintiff. Thus, neither justifies plaintiff’s recovery.

Plaintiff’s policy included uninsured motorist coverage, in compliance with the provisions of MCL 500.3010; MSA 24.13010. Plaintiff contends that the Legislature’s purpose in requiring uninsured motorist coverage was to provide a minimum recovery to innocent motorists so insured. In support of this contention plaintiff cites Porter v Empire Fire & Marine Ins Co, 106 Ariz 274; 475 P2d 258 (1970), modified 106 Ariz 345; 476 P2d 155 (1970).4 In Porter the plaintiff was one of several victims of an accident caused by a negligent motorist who carried the minimum amount of insurance required by statute. Porter’s pro-rata recovery from the tortfeasor’s insurer was $2,500, an amount insufficient to compensate him for his injuries. He then sought to recover under his own uninsured motorist coverage an additional $7,500, the difference between the statutory minimum of $10,000 and his $2,500 recovery.

The Porter court opined that "[t]he uninsured policy is issued for the protection of the insured in [8]*8the minimum amount provided in the Financial Responsibility Act.” Porter, 106 Ariz 279. The court drew an analogy between Porter’s situation and other cases in which, although the tortfeasors' had some form of insurance, the insurers denied coverage or became insolvent or had issued policies which failed to conform to the state’s financial responsibility laws. These authorities, according to the court, led to the conclusion that a partially insured motorist could be treated as an uninsured motorist. Because only $2,500 and not $10,000 was available to Porter, the court held that recovery of the full statutory minimum was the protection which the insured expected and the Legislature intended.

We recognize that the opposite- result would mean that the insured would be in a much better position had the tortfeasor been totally uninsured. However, we are not persuaded by the Porter court’s rationale that this anomalous result is a sufficient reason to extend the plain meaning of the statute.

"A due regard for the differing functions of the legislative and judicial branches of government requires that the courts refrain from rewriting, under the pretext of interpretation, the clearly expressed language of a legislative enactment which the court deems to be preferable to that which the legislation requires.” Simonette v Great American Ins Co, 165 Conn 466, 471; 338 A2d 453 (1973).

We refuse to read additional meaning into the unambiguous language of our statute absent any indication that the Legislature intended such a result.

At the time of plaintiffs accident MCL 500.3010; MSA 24.13010 read:

[9]

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Lotoszinski v. State Farm Mutual Automobile Insurance
331 N.W.2d 467 (Michigan Supreme Court, 1982)

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Bluebook (online)
331 N.W.2d 467, 417 Mich. 1, 1982 Mich. LEXIS 628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lotoszinski-v-state-farm-mutual-automobile-insurance-mich-1982.