Carl Melms v. Auto-Owners Insurance Company ( 2016 )


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  •                           STATE OF MICHIGAN
    COURT OF APPEALS
    CARL MELMS,                                                         UNPUBLISHED
    December 15, 2016
    Plaintiff-Appellant,
    v                                                                   No. 329421
    Allegan Circuit Court
    AUTO-OWNERS INSURANCE COMPANY,                                      LC No. 14-054067-CK
    Defendant-Appellee.
    Before: WILDER, P.J., and MURPHY and O’BRIEN, JJ.
    PER CURIAM.
    Plaintiff, Carl Melms, appeals as of right the circuit court’s September 11, 2015 order
    granting summary disposition in favor of defendant, Auto-Owners Insurance Company, pursuant
    to MCR 2.116(C)(10). We affirm.
    A circuit court’s decision on a motion for summary disposition brought under MCR
    2.116(C)(10) is reviewed de novo. Johnson v Recca, 
    492 Mich 169
    , 173; 821 NW2d 520 (2012).
    MCR 2.116(C)(10) provides that summary disposition is proper when “there is no genuine issue
    as to any material fact.” “A genuine issue of material fact exists when the record, giving the
    benefit of reasonable doubt to the opposing party, leaves open an issue upon which reasonable
    minds might differ.” West v Gen Motors Corp, 
    469 Mich 177
    , 183; 665 NW2d 468 (2003). In
    deciding a motion for summary disposition pursuant to MCR 2.116(C)(10), courts are to view
    the affidavits, pleadings, depositions, admissions, and other evidence in a light most favorable to
    the party opposing the motion for summary disposition. Joseph v Auto Club Ins Ass’n, 
    491 Mich 200
    , 206; 815 NW2d 412 (2012).
    Relatedly, a circuit court’s interpretation of an insurance contract is also reviewed de
    novo. Wilkie v Auto-Owners Ins Co, 
    469 Mich 41
    , 47; 664 NW2d 776 (2003). “[I]n reviewing
    an insurance policy dispute [courts] must look to the language of the insurance policy and
    interpret the terms therein in accordance with Michigan’s well-established principles of contract
    construction.” Henderson v State Farm Fire & Cas Co, 
    460 Mich 348
    , 353-354; 596 NW2d 190
    (1999). “First, an insurance contract must be enforced in accordance with its terms.” 
    Id. at 354
    .
    “The language of insurance contracts should be read as a whole and must be construed to give
    effect to every word, clause, and phrase.” McGrath v Allstate Ins Co, 
    290 Mich App 434
    , 439;
    802 NW2d 619 (2010). To determine the intent of the parties, a court must first ascertain
    whether the agreement at issue provides coverage to the insured. Hunt v Drielick, 
    496 Mich 366
    ,
    -1-
    373; 852 NW2d 562 (2014). Then, it must determine whether that coverage is negated by an
    exclusion. 
    Id.
     “While [i]t is the insured’s burden to establish that his claim falls within the terms
    of the policy, [t]he insurer should bear the burden of proving an absence of coverage.” 
    Id.
    (citations and internal quotation marks omitted; alterations by the Hunt Court). “[U]nless a
    contract provision violates law or one of the traditional defenses to the enforceability of a
    contract applies, a court must construe and apply unambiguous contract provisions as written.”
    Rory v Continental Ins Co, 
    473 Mich 457
    , 461; 703 NW2d 23 (2005). Ultimately, unambiguous
    insurance agreements must be interpreted according to their plain and ordinary meanings.
    Henderson, 
    460 Mich at 354
    .
    At issue in this case is whether the insurance agreement between plaintiff and defendant
    provided coverage for a barn that was destroyed by fire. The barn was located on 24th Street in
    Allegan, Michigan, on a parcel that also included a house (“the 24th Street residence), another
    barn, and two garages. The insurance agreement provides, in relevant part, as follows:
    b. Coverage B – Other Structures
    (1) Covered Property
    We cover:
    (a) other structures at the residence premises which are not
    attached to the dwelling. This includes structures which are
    connected to the dwelling by only a utility line, fence or other
    similar connection.
    (b) other structures which you own and you use in connection with
    the residence premises that are located at an insured premises
    other than the residence premises.
    Interpreting this provision according to its plain and ordinary meaning, it is apparent that
    “Coverage B – Other Structures” provides coverage for “other structures at the residence
    premises which are not attached to the dwelling.” The insurance agreement defines “residence
    premises” as follows:
    15. Residence premises means:
    a. the one or two family dwelling where you reside, including the
    building, the grounds and other structures on the grounds; or
    b. that party of any other building where you reside, including grounds
    and structures;
    which is described in the Declarations.
    The insurance agreement defines “you” and “your” as well:
    -2-
    17. You or your means the first named insured show in the Declarations and if
    an individual, your spouse who resides in the same household.
    Plaintiff is “the named insured in the Declarations[.]”
    Thus, the plain and ordinary meaning of “Coverage B – Other Structures” reflects the
    parties’ intent to provide coverage for “other structures” at “the one or two family dwelling
    where [plaintiff] reside[s.]” It is undisputed that the house at issue is, in fact, a “one or two
    family dwelling,” and it is also undisputed that the barn at issue is an “other structure.”
    Consequently, the only dispute, and the issue we are tasked with resolving, is whether plantiff
    “resided” at the 24th Street residence for purposes of the insurance agreement. See Heniser v
    Frankenmuth Mut Ins Co, 
    449 Mich 155
    , 168; 534 NW2d 502 (1995).
    The parties’ insurance agreement does not define “reside.” When a contract term is not
    defined, “[c]ourts may consult dictionary definitions to ascertain the plain and ordinary
    meaning.” Holland v Trinity Health Care Corp, 
    287 Mich App 524
    , 527-528; 791 NW2d 724
    (2010). In the insurance context, this Court has “define[d] the verb ‘reside’ . . . as ‘to dwell
    permanently or for a considerable time; live.’ ” McGrath, 290 Mich App at 441, quoting
    Random House Webster’s College Dictionary (2000). In doing so, this Court expressly
    explained that the definition of “reside” is not synonymous with the legal definition of
    “domicile,” which may have “a more technical meaning” than intended “in the home insurance
    context under the policy language at issue.” Id. at 443 (citations and internal quotation marks
    omitted). Ultimately, this Court concluded, “the term ‘reside’ requires that the insured actually
    live at the property.” Id.
    Applying that definition to the facts of this case, we agree with the circuit court that there
    is no genuine issue of material fact as to whether plaintiff “dwell[ed] permanently or for a
    considerable time” or “live[d]” at the 24th Street residence. The evidence presented by the
    parties, even when viewed in a light most favorable to plaintiff, reflects that the 24th Street
    residence was occupied by tenants who were paying plaintiff $600 per month in rent. While it
    does appear that plaintiff continued using the barns and garages on the parcel, stored some items
    in the 24th Street residence, continued using the 24th Street residence as his mailing address and
    for his driver’s license and voter registration, and frequently socialized at the 24th Street
    residence with the tenants, it is undisputed that he did not “reside” there. Before the tenants took
    possession of the 24th Street residence, plaintiff removed furniture, a television, and other
    personal items from the house. After they moved in, plaintiff regularly slept at a different house
    (“the 118th Avenue residence”). When he would return to the 24th Street residence, he would
    knock at the door. Indeed, in an interview after the fire at issue, plaintiff expressly
    acknowledged that he did not “live” at the 24th Street residence; rather, he explained, the tenants
    occupied the house, and he lived “at home” at the 118th Avenue residence. Accordingly, we
    agree with the circuit court’s determination that no genuine issue of material fact existed as to
    whether plaintiff “resided” at the 24th Street residence at the time of the fire. Thus, summary
    disposition pursuant to MCR 2.116(C)(10) was appropriate.
    -3-
    Affirmed. Defendant, as the prevailing party, may tax costs pursuant to MCR 7.219.
    /s/ Kurtis T. Wilder
    /s/ William B. Murphy
    /s/ Colleen A. O’Brien
    -4-
    

Document Info

Docket Number: 329421

Filed Date: 12/15/2016

Precedential Status: Non-Precedential

Modified Date: 4/18/2021