State Farm Fire & Casualty Co. v. Old Republic Insurance

644 N.W.2d 715, 466 Mich. 142
CourtMichigan Supreme Court
DecidedMay 29, 2002
DocketDocket 117470
StatusPublished
Cited by161 cases

This text of 644 N.W.2d 715 (State Farm Fire & Casualty Co. v. Old Republic 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
State Farm Fire & Casualty Co. v. Old Republic Insurance, 644 N.W.2d 715, 466 Mich. 142 (Mich. 2002).

Opinions

Corrigan, C.J.

We granted leave to appeal to consider whether the “household exclusion” provision of MCL 500.3123 applies where a person owning damaged property is insured under a no-fault property protection policy that does not cover the vehicle that [144]*144person was operating at the time of the accident. We hold that the exclusion applies in those circumstances. We thus reverse the judgment of the Court of Appeals and remand this case to the circuit court for further proceedings.

I. UNDERLYING FACTS AND PROCEDURAL HISTORY

Ibrahim Mroue drove a rented Ryder truck into a bakery that he owned, causing damage to real and personal property. The Ryder truck was insured under a no-fault policy issued by defendant Old Republic Insurance Company. Plaintiff State Farm Fire and Casualty Company, the insurer of the real property, paid Mroue for the damages. As Mroue’s subrogee, State Farm filed this action seeking indemnification from Old Republic for the amount that State Farm had paid to Mroue.

A no-fault insurer’s liability to pay property protection benefits to its insured is subject to exceptions, including MCL 500.3123(l)(b), the “household exclusion,” which provides:

(1) Damage to the following kinds of property is excluded from property protection insurance benefits:
(b) Property owned by a person named in a property protection insurance policy, the person’s spouse or a relative of either domiciled in the same household, if the person named, the person’s spouse, or the relative was the owner, registrant, or operator of a vehicle involved in the motor vehicle accident out of which the property damage arose. [Emphasis added.]

[145]*145The circuit court granted summary disposition for Old Republic on the ground that Mroue, the owner of the real property, was a named insured in the Old Republic policy. Thus, since Mroue could not recover, State Farm could not recover as his subrogee.

The Court of Appeals reversed,1 holding that the exclusion in MCL 500.3123(l)(b) did not apply because Mroue was not a named insured in the Old Republic policy. Old Republic appealed, and we remanded to the Court of Appeals for reconsideration. Our order directed the Court to consider whether MCL 500.3123(l)(b) excluded coverage only if a property protection insurance policy covered a “vehicle involved in the motor vehicle accident out of which the property damage arose,” or if the statute precluded coverage regardless of whether the vehicle insured under a property protection insurance policy was involved in the accident.2

On remand, the Court of Appeals again reversed. It concluded that the phrase “by a person named in a property protection insurance policy” refers to the policy on the vehicle or vehicles involved in the accident. The Court stated that the use of the article “a” was not significant and that the grammatical construction of the sentence dictated the use of the article “a.”3

H. STANDARD OF REVIEW

This case requires us to ascertain the meaning and proper application of MCL 500.3123(l)(b). Issues of [146]*146statutory interpretation are questions of law that we review de novo. Oade v Jackson Nat’l Life Ins Co, 465 Mich 244, 250; 632 NW2d 126 (2001); Donajkowski v Alpena Power Co, 460 Mich 243, 248; 596 NW2d 574 (1999).

HI. PRINCIPLES OF STATUTORY INTERPRETATION

When interpreting statutory language, we must ascertain the legislative intent that may reasonably be inferred from the words expressed in the statute. Wickens v Oakwood Healthcare System, 465 Mich 53, 60; 631 NW2d 686 (2001). When the Legislature has unambiguously conveyed its intent in a statute, the statute speaks for itself, and judicial construction is not permitted. Huggett v Dep’t of Natural Resources, 464 Mich 711, 717; 629 NW2d 915 (2001); Donajkowski, supra at 248. Because the proper role of the judiciary is to interpret and not to write the law, courts do not have authority to venture beyond the unambiguous text of a statute.

Courts must give effect to every word, phrase, and clause in a statute and avoid an interpretation that would render any part of the statute surplusage or nugatory. Wickens, supra at 60. Further, we give undefined statutory terms their plain and ordinary meanings. Donajkowski, supra at 248-249; Oakland Co Rd Comm’rs v Michigan Prop & Cas Guaranty Ass’n, 456 Mich 590, 604; 575 NW2d 751 (1998).

IV. ANALYSIS

MCL 500.3123(l)(b) excludes property damage from no-fault property protection coverage if the property owner, the person’s spouse, or a relative of [147]*147either residing in the same household, is “named in a property protection insurance policy” and was “the owner, registrant, or operator of a vehicle involved” in the accident. Contrary to the Court of Appeals decision and the dissent’s contention, the statute does not require that the individual be named in a property protection insurance policy covering “a vehicle involved in the motor vehicle accident out of which the property damage arose.” 242 Mich App 109. Rather, the plain meaning of MCL 500.3123(l)(b) indicates that if Mroue was named in a property protection insurance policy and was the “operator of a vehicle involved” in the accident, coverage for damage to his property would be excluded. Whether the no-fault policy covered a vehicle involved in the accident is not relevant under the plain language of the statute. Therefore, if Mroue was named in a no-fault policy covering, for example, a personal vehicle, the statute would exclude property protection coverage. Stated another way, MCL 500.3123(l)(b) allows a party in Mroue’s circumstances to recover from the rental vehicle’s insurer only if he was not named in a no-fault policy.

Like the Court of Appeals, our dissenting colleagues would essentially rewrite the statutory phrase “named in a property protection insurance policy” to state, “named in the property protection insurance policy.” Thus, the dissent does not give effect to the distinct meanings of the words “a” and “the.” In Robinson v Detroit, 462 Mich 439, 461-462; 613 NW2d 307 (2000), we overruled Dedes v Asch, 446 Mich 99; 521 NW2d 488 (1994), an earlier case that had misconstrued “the” to mean “a.” We explained in Robinson that

[148]*148(1) common English usage,
(2) the rules of statutory construction enacted by our Legislature,4 and
(3) the assumption of legislator competence and comprehension that all courts should apply to acts of the Legislature,

make clear that a difference exists between the indefinite article “a” and the definite article “the.”5 We presume that the Legislature understood the distinct meanings of these terms. We are not free to conflate their meanings.

The Court of Appeals and the dissent’s reasoning that the grammatical construction of the sentence in the statute mandated the use of “a” instead of “the” is flawed.

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Cite This Page — Counsel Stack

Bluebook (online)
644 N.W.2d 715, 466 Mich. 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-fire-casualty-co-v-old-republic-insurance-mich-2002.