MICHAEL F. CAVANAGH, J.
This appeal involves Empire Fire and Marine Insurance Company's obligations under an "Insurance for Non-Trucking Use" policy issued to Drielick Trucking. The policy contains a business-use exclusion, which includes two clauses that Empire argues preclude coverage in this case. The Court of Appeals agreed that the first clause precludes coverage when the covered vehicle is not carrying property at the time of the accident, as in this case. Thus, the Court of Appeals expressly declined to address the second clause relating to leased covered vehicles. Hunt v. Drielick, 298 Mich.App. 548, 553 n. 2, 828 N.W.2d 441 (2012). We hold that the Court of Appeals erred for the reasons explained in this opinion and reverse the judgment of the Court of Appeals. Additionally, we remand this case to the trial court for further fact-finding to determine whether Drielick Trucking and Great Lakes Carriers Corporation (GLC) entered into a leasing agreement for the use of Drielick Trucking's semi-tractors as contemplated under the policy's clause related to a leased covered vehicle.
Roger Drielick owns Drielick Trucking, a commercial trucking company. It seems
On January 12, 1996, Bill Bateson dispatched Corey Drielick, a truck driver employed by Drielick Trucking, to pick up and deliver a trailer of goods stored on GLC's property. While driving the semi-tractor without an attached trailer, Corey picked up his girlfriend and proceeded to GLC's truck yard.
Marie Hunt (on behalf of her deceased husband), Thomas and Noreen Luczak, and Huber filed suits against Corey and Roger Drielick, Drielick Trucking, Sargent, and GLC. Empire, which insured Drielick Trucking's semi-tractors under a non-trucking-use, or bobtail, policy, denied coverage and refused to defend under the policy's business-use and named-driver exclusions. Plaintiffs settled with Sargent and GLC. Plaintiffs later entered into consent judgments with the Drielicks and Drielick Trucking. The parties also entered into an "Assignment, Trust, and Indemnification Agreement," wherein they agreed that Roger Drielick would assign the rights under the insurance policy with Empire to plaintiffs, Sargent, and GLC. Sargent and GLC agreed to help plaintiffs' collection efforts from Empire in exchange for a portion of any proceeds received from Empire.
Sargent and GLC filed writs of garnishment against Empire. In response, Empire filed a motion to quash, arguing again that the policy exclusions apply, among other things. The trial court denied Empire's motion and entered an order to execute the consent judgments, reasoning that the business-use exclusion does not apply and the named-driver exclusion is invalid under MCL 500.3009(2).
On remand, the trial court concluded that, "even if there was a lease between Drielick and [GLC]," the business-use exclusion does not preclude coverage. On appeal, the Court of Appeals reversed, holding that the first clause of the business-use exclusion — precluding coverage if injury or damage occurred "while a covered `auto' is used to carry property in any business"
Plaintiffs sought leave to appeal, which this Court granted.
This case involves the interpretation and application of an insurance policy, which is a question of law reviewed de novo. Cohen v. Auto Club Ins. Ass'n, 463 Mich. 525, 528, 620 N.W.2d 840 (2001).
An insurance policy is similar to any other contractual agreement, and, thus, the court's role is to "determine what the agreement was and effectuate the intent of the parties." Auto-Owners Ins. Co. v. Churchman, 440 Mich. 560, 566, 489 N.W.2d 431 (1992). "[W]e employ a two-part analysis" to determine the parties' intent. Heniser v. Frankenmuth Mut. Ins. Co., 449 Mich. 155, 172, 534 N.W.2d 502 (1995). First, it must be determined whether "the policy provides coverage to the insured," and, second, the court must "ascertain whether that coverage is negated by an exclusion." Id. (citation and quotation marks omitted). While "[i]t is the insured's burden to establish that his claim falls within the terms of the policy," id., "[t]he insurer should bear the burden of proving an absence of coverage," Fresard v. Mich. Millers Mut. Ins. Co., 414 Mich. 686, 694, 327 N.W.2d 286 (1982) (opinion by FITZGERALD, C.J.). See, also, Ramon v. Farm Bureau Ins. Co., 184 Mich.App. 54, 61, 457 N.W.2d 90 (1990). Additionally, "[e]xclusionary clauses in insurance policies are strictly construed in favor of the insured." Churchman, 440 Mich. at 567, 489 N.W.2d 431. See, also, Group Ins. Co. of Mich. v. Czopek, 440 Mich. 590, 597, 489 N.W.2d 444 (1992) (stating that "the exclusions to the general
At issue is the proper interpretation of the bobtail insurance policy. "`Bob-tail' in trucking parlance is the operation of a tractor without an attached trailer," and "[f]or insurance purposes, ... it typically means coverage `only when the tractor is being used without a trailer or with an empty trailer, and is not being operated in the business of an authorized carrier.'" Prestige Cas. Co. v. Mich. Mut. Ins. Co., 99 F.3d 1340, 1343 (C.A.6, 1996) (citations omitted). The relevant portions of the bobtail insurance policy in this case state:
Because the parties agree that the policy provided coverage at the time of the accident,
The business-use exclusion's first clause states that there is no coverage under the policy "while a covered `auto' is used to carry property in any business." Considering the commonly used meaning of the undefined terms of the clause to
More specifically, we conclude that coverage under the first clause is precluded only during the time that a semi-tractor is physically attached to property and the property is carried in a business. "[W]e must enforce the language of this contract as it is written." Czopek, 440 Mich. at 596-597, 489 N.W.2d 444. It follows that the parties intended the phrase "carry property" to mean just that — coverage can only be precluded during the time that the semi-tractor is used to actually transport property in a business. (Emphasis added.) See generally Prestige, 99 F.3d at 1343 (explaining that bobtail policies typically provide coverage "when the tractor is being used without a trailer") (emphasis added). Similarly, we must give meaning to all terms of the contract in order to effectuate the parties' intent. Churchman, 440 Mich. at 566, 489 N.W.2d 431. If the parties had intended to preclude coverage irrespective of whether property was actually attached to the semi-tractor at the time of the accident, there would have been no need to include the phrase "carry property" in the clause. The Court of Appeals' analysis, which reached the opposite conclusion, highlights this point.
The Court of Appeals held that the property does not have to be attached to the semi-tractor at the time of the accident for the clause to apply; rather, the Court held that the clause applies "during an interval of time when the truck was employed for the purpose of carrying property in the trucking business." Hunt, 298 Mich.App. at 556, 828 N.W.2d 441 (emphasis added). The Court of Appeals reasoned that its conclusion is compelled by the definition of the phrase "is used" in the clause. Hunt, 298 Mich.App. at 557, 828 N.W.2d 441 (explaining that to interpret the clause to require that the property must be attached in order for the clause to apply would "disregard the word `while' or the phrase `is used'").
However, the Court of Appeals erred by placing too great an emphasis on the definition of the phrase "is used," while overlooking the import of the phrase "carry property." In the commercial-trucking industry, semi-tractors are intended and designed precisely to carry property and, therefore, would always be used "for the purpose of carrying property," id. at 556, 828 N.W.2d 441, when used in any business. Thus, under the Court of Appeals' broad interpretation, the clause is essentially defined by whether a semi-tractor is driven in the business of carrying property. If the parties had intended that the clause's scope be defined solely by whether the semi-tractor was driven in a business, the policy could have simply stated that there is no coverage "while the covered auto is used in any business."
In concluding that the first clause does not require the semi-tractor to actually be carrying property at the time of the accident, the Court of Appeals relied on Griffie, 357 F.Supp. at 442, which interpreted a similar exclusionary clause under a bobtail insurance policy and stated, in dicta, that the clause applied to preclude coverage because "[t]he mere fact that no cargo was being handled at the particular moment when the accident occurred does not mean that the equipment was not `used to carry property in any business.'" Griffie reasoned that the equipment "was regularly so used to carry property in the carrier's business"; thus, "[i]f the intent had been to extend coverage except when the equipment was actually hauling a load, it would not have been difficult to express such an intention clearly." Id. at 442.
Griffie, like the Court of Appeals in this case, conflated whether the policy's clause requires that a semi-tractor be physically carrying attached property at the time of the accident with the additional requirement that the property also be carried "in any business." The question is not whether the semi-tractor itself was used in a business for the purpose of carrying property at the time of the accident; rather, the question is whether the accident occurred while the semi-tractor is actually carrying property in any business. Notably, decades after Griffie was decided, Conn. Indemnity Co. v. Stringfellow, 956 F.Supp. 553, 557 (M.D.Pa., 1997), considered an exclusionary clause that was practically identical to the clause at issue and expressly disagreed with Griffie. Stringfellow explained that "if the covered vehicle or vehicles are not being used to carry property, the exclusion does not apply and cannot be relied upon to deny coverage." Id. at 558 (emphasis added). Stringfellow also concluded that Griffie "significant[ly] alter[ed] ... the actual language" of the exclusion. Id.
In this case, it is undisputed that at the time of the accident, the semi-tractor was driven without attached property. Accordingly, in light of our conclusion that the business-use exclusion's first clause precludes coverage as long as the covered vehicle is carrying attached property in any business, we hold that the first clause does not preclude coverage in this case.
Because we hold that the first clause of the business-use exclusion does not preclude coverage, it is necessary to
It is clear that Drielick Trucking and the Batesons did not enter a written lease regarding the use of Drielick Trucking's semi-tractors, contrary to federal regulations.
Apparently considering that clause, the trial court previously explained that the parties had agreed that there are no material issues of fact in dispute; however, that does not appear to be the case. Bill and Jamie Bateson operated Great Lakes Logistics & Services (GLLS), in addition to the carrier company, GLC. GLLS was a brokerage company that connected semi-tractor owners, such as Roger Drielick, with carriers that are federally authorized to transport goods interstate, such as GLC. The parties dispute whether Bill Bateson dispatched Corey under GLC's authority or merely brokered the deal under GLLS's authority. Furthermore, the trial court considered the parties' "verbal agreement and course of conduct," concluding that the payment terms and the fact that Corey was not bound by a strict pick-up deadline meant that the business relationship was not triggered until Corey actually picked up for delivery the trailer of goods. Yet it remains uncertain whether the parties entered into a leasing agreement as contemplated by the terms of the insurance policy. Barring GLLS's alleged involvement, an oral arrangement or course of conduct might have existed between GLC and Drielick Trucking, but whether that agreement constituted a lease for the purposes of the policy is a threshold factual determination that has not yet been fully considered.
Accordingly, we direct the trial court on remand to consider the parties' agreement to decide whether there was, in fact, a leasing agreement between Drielick Trucking and GLC as contemplated by the business-use exclusion's leasing clause. If so, the precise terms of that agreement must be determined, and the trial court should reconsider whether Corey was acting in furtherance of a particular term of the leasing agreement at the time of the accident.
We hold that the first clause of the business-use exclusion precluding coverage "while a covered `auto' is used to carry property in any business" is properly construed as excluding coverage with respect to a semi-tractor only when the accident
We do not retain jurisdiction.
YOUNG, C.J., MARKMAN, MARY BETH KELLY, ZAHRA, McCORMACK, and VIVIANO, JJ., concurred with MICHAEL F. CAVANAGH, J.