PIONEER INS. CO. v. Allstate Ins. Co.

339 N.W.2d 470, 417 Mich. 590
CourtMichigan Supreme Court
DecidedNovember 7, 1983
Docket67559, (Calendar No. 15)
StatusPublished
Cited by19 cases

This text of 339 N.W.2d 470 (PIONEER INS. CO. v. Allstate 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
PIONEER INS. CO. v. Allstate Ins. Co., 339 N.W.2d 470, 417 Mich. 590 (Mich. 1983).

Opinion

417 Mich. 590 (1983)
339 N.W.2d 470

PIONEER STATE MUTUAL INSURANCE COMPANY
v.
ALLSTATE INSURANCE COMPANY

Docket No. 67559, (Calendar No. 15).

Supreme Court of Michigan.

Argued April 6, 1983.
Decided November 7, 1983.

Landman, Luyendyk, Latimer, Clink & Robb (by Stanley J. Stek) for the plaintiffs.

Nelson & Kreuger (by James R. Nelson) for the defendant.

Decided November 7, 1983. Rehearing denied 418 Mich 1202.

CAVANAGH, J.

The parties have stipulated to the facts in this case. Plaintiff Wittenbach was driving his farm tractor along a public road, heading to work in one of his fields, when he was struck from behind by an automobile which was owned and operated by the defendant's insured. At the time of the accident, Wittenbach did not carry no-fault insurance covering his tractor; however, he did have a general farm policy with Pioneer State Mutual Insurance Company.

Pioneer compensated Wittenbach for his losses and then filed a timely claim for property protection benefits with Allstate Insurance Company, pursuant to § 3121 of the no-fault act. MCL 500.3121; MSA 24.13121. Defendant denied the claim, and this suit seeking the foregoing statutory benefits followed. Defendant moved for summary judgment under GCR 1963, 117.2, alleging that the property damage suffered by the plaintiffs was excluded from coverage under § 3123(1)(a) of the act. MCL 500.3123(1)(a); MSA 24.13123(1)(a). The trial court granted the defendant's motion for summary judgment, and the Court of Appeals affirmed that decision. 107 Mich App 261; 309 NW2d 598 (1981). We granted the plaintiffs' application for leave to appeal. 414 Mich 865 (1982).

The issue we are asked to decide is whether the damages sustained by a farm tractor in a motor vehicle accident which occurs while the tractor is *593 being operated upon a public highway are excluded from property protection insurance coverage under § 3123 of the no-fault act. The no-fault act provides for compensation for property damage in the following manner:

"Under property protection insurance an insurer is liable to pay benefits for accidental damage to tangible property arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle subject to the provisions of this section and sections 3123, 3125 and 3127." MCL 500.3121(1); MSA 24.13121(1).

Sections 3125 and 3127 are not relevant to this appeal; the heart of this controversy lies in the interpretation of § 3123, which provides in pertinent part:

"(1) Damage to the following kinds of property is excluded from property protection insurance benefits:

"(a) Vehicles and their contents, including trailers, operated or designed for operation upon a public highway by power other than muscular power, unless the vehicle is parked in a manner as not to cause unreasonable risk of the damage which occurred." MCL 500.3123(1)(a); MSA 24.13123(1)(a).

Plaintiffs argue that a farm tractor is not a "vehicle" as that term is used in § 3123(1)(a), and therefore property damage to the tractor is recoverable as property protection benefits when arising out of the ownership, operation, maintenance or use of a motor vehicle. To hold otherwise, the plaintiffs argue, would violate the statutory scheme designed to apply only to motor vehicles as defined in § 3101(2)(c) of the act, MCL 500.3101(2)(c); MSA 24.13101(2)(c), or render application of § 3123 a denial of due process and equal *594 protection of the law. Defendant counters that § 3123 specifically defines those vehicles which are excluded from property protection benefits and that a farm tractor clearly falls within that definition.

We must thus determine whether a farm tractor is a vehicle "operated or designed for operation upon a public highway by power other than muscular power". Plaintiffs first argue that the word "vehicle" as used in § 3123(1)(a) should be interpreted to mean "motor vehicle", as that term is defined in § 3101(2)(c) of the act. Plaintiffs argue that if the Legislature had intended the term "vehicle" to refer to a body of tangible property distinct from that referred to where the term "motor vehicle" was used, the terms would have been used with careful differentiation throughout the act. However, since the Legislature used the terms interchangeably in several sections of the act, the plaintiffs argue that the Legislature intended those terms to refer to the same body of tangible property. See MCL 500.3113(a), 500.3114(4); MSA 24.13113(a), 24.13114(4). Plaintiffs also point out that this Court has used the terms synonymously in several of its opinions. See Heard v State Farm Mutual Automobile Ins Co, 414 Mich 139, 150; 324 NW2d 1 (1982), Lee v DAIIE, 412 Mich 505, 509; 315 NW2d 413 (1982), Miller v Auto-Owners Ins Co, 411 Mich 633, 640; 309 NW2d 544 (1981), and Shavers v Attorney General, 402 Mich 554, 630-632; 267 NW2d 72 (1978).

We disagree with the plaintiffs' contention that the Legislature intended the term "vehicle" as used in § 3123(1)(a) to be synonymous with the term "motor vehicle" as defined in § 3101(2)(c). If the Legislature had intended these two terms to be *595 synonymous, there would have been no need to provide a separate definition of the term "vehicle", as found in § 3123(1)(a). Although the term "vehicle" is also used in other provisions of the act, it is not separately defined in those provisions as it is in § 3123(1)(a). Consequently, although the Legislature may have used the term "motor vehicle" and "vehicle" interchangeably in other provisions of the act, the fact that the term "vehicles" in § 3123(1)(a) is accorded a separate definition in order to preclude the application in that section of the more limited term "motor vehicle", as defined in § 3101(2)(c), indicates that the Legislature obviously chose to include a broader class of vehicles within the scope of § 3123(1)(a).

Since we conclude that the term "motor vehicle", as defined in § 3101(2)(c), and the term "vehicle", as defined in § 3123(1)(a), are not synonymous in definition, the term "vehicle" as it is defined in § 3123(1)(a) must be examined independently. To do so, we apply the familiar rules of statutory construction:

"The most important rule, of course, is to discover and give effect to the legislative intent.

* * *

"The next rule is to derive the legislative intention from the actual language used in the statute. * * * If the language used is clear and the meaning of the words chosen is unambiguous, a common-sense reading of the provision will suffice, and no interpretation is necessary." In re Certified Questions, Karl v Bryant Air Conditioning Co, 416 Mich 558, 567; 331 NW2d 456 (1982).

We believe that the language of § 3123(1)(a) is clear and unambiguous. The exclusion in that section applies to vehicles operated or designed for *596 operation on a public highway by power other than muscular power. A farm tractor is a vehicle, see MCL 257.16; MSA 9.1816, and MCL 257.62; MSA 9.1862, operated by power other than muscular power, and in this case the tractor was operated upon a public highway at the time of the accident. We can reach no other conclusion than that a farm tractor falls within the exclusionary provision of § 3123(1)(a); any other result would require us to overlook unambiguous statutory language.

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Bluebook (online)
339 N.W.2d 470, 417 Mich. 590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pioneer-ins-co-v-allstate-ins-co-mich-1983.