FORT HOOD, J.
Respondents appeal by leave granted the circuit court's order concluding that the insurance commissioner exceeded his authority by disapproving petitioner's requested rate increase. We reverse.
Petitioner, the Michigan Basic Property Association, is a legislative creation. MCL 500.2920. It provides property insurance to qualified persons who have been unable to obtain insurance in the regular market. MCL 500.2901 et seq. Respondent Commissioner of the Office of Financial and Insurance Regulation (insurance commissioner) must approve petitioner's plan of operation and any changes to that plan. MCL 500.2920(2).
On March 11, 2008, petitioner submitted a rate level adjustment for its home insurance program addressing rate levels for its HO-2 (home), HO-4 (apartment), and HO-6 (condominium) lines of insurance. Specifically, petitioner requested a rate increase of 18.9 percent based on a report prepared by its actuary. The report stated that the rate increase was premised on the actuarial method employed and that the use of a different accepted actuarial method would have resulted in a rate decrease:
An analyst for respondents contacted petitioner's president, noting that the calculation of rates was premised on the weighted base rate average of the top 10 insurer groups, when the appropriate computation would use the "weighted average of actual charged premium [sic] which would include discounts." Consequently, petitioner was asked to submit actuarial data to determine the rate levels based on the "weighted average of charged, fully discounted premium rates." Petitioner responded that its rate increase was in accordance with the statutory language for computing the appropriate rate. Petitioner also asserted that the application of discounts was a voluntary method of product marketing, and some insurance companies offered discounts premised on the sale of multiple forms of insurance, but petitioner only dealt in home insurance, not automobile insurance.
The insurance commissioner issued an order disapproving the proposed rate increase. The rejection of the rate increase was premised on multiple considerations. First, the commissioner rejected the assertion that the rate increase was consistent with the weighted-average language of MCL 500.2930a:
Next, the commissioner held that petitioner was required to conform to the requirements of MCL 500.2109(1)(c), which provides that rates may not be unfairly discriminatory in relation to another rate for the same coverage. A rate was not unfairly discriminatory if supported by a reasonable justification for any disparity, a reasonable classification system, sound actuarial principles, and loss and expense statistics. The insurance commissioner held that a reasonable justification had not been established:
Because the justification was deficient, the insurance commissioner ordered petitioner to bring its rates in conformity with MCL 500.2109(1)(c).
Lastly, the insurance commissioner held that the rates, as computed by petitioner, did not conform to the requirement that the insurance pool adopt a plan of operation that ensured "the fair, reasonable, equitable, and nondiscriminatory manner of administering the pool...."
On July 10, 2008, petitioner filed its petition for review in the circuit court, alleging that the insurance commissioner's order was contrary to law, exceeded his statutory authority, and was not supported by the record and competent evidence. The circuit court concluded that MCL 500.2930a(1) was ambiguous and following a review of other statutory provisions including those concerning automobile insurance rates, concluded that the Legislature understood the difference between "premiums" and "base rates." The circuit court also held that the insurance commissioner was unable to alter a longstanding interpretation premised on changed circumstances in order to avoid "any perceived excessiveness or unfair discrimination." Therefore, the circuit court reversed the insurance commissioner's disapproval of the 18.9 percent rate increase. We granted respondents' application for leave to appeal.
The Michigan Constitution provides for judicial review of administrative decisions, providing in relevant part:
However, the application of the standard of review is contingent on the type of challenge at issue and must be in accordance with separation-of-power principles. In re Complaint of Rovas Against SBC Mich., 482 Mich. 90, 97-100, 754 N.W.2d 259 (2008). If a rulemaking function is at issue, the reviewing court must first determine whether the Legislature properly delegated authority to the agency to promulgate the rule at issue. The legality of the delegation is subject to de novo. review. If the delegation was proper, the reviewing court must examine whether the agency exceeded the authority granted by the
However, the agency's interpretation of a statute "is not binding on the courts, and it cannot conflict with the Legislature's intent as expressed in the language of the statute at issue." Id. Rather, a reviewing court must give "respectful consideration" to the agency's construction of the statute and provide "cogent reasons" for overruling an agency's interpretation. Id. However, "when the law is `doubtful or obscure,' the agency's interpretation is an aid in discerning the Legislature's intent." Id. (citation omitted). Thus, when a reviewing court examines an agency interpretation of a statute, "the primary question presented is whether the interpretation is consistent with or contrary to the plain language of the statute." Id. Respectful consideration is not equal to deference. Statutory construction is the domain of the judiciary, and therefore, the agency's interpretation is not entitled to more weight. Id. Rather, "the agency's interpretation can be particularly helpful for `doubtful or obscure' provisions." Id. (citation omitted).
The rules regarding judicial review of statutory language are well established. Statutory interpretation presents questions of law subject to review de novo. Hunter v. Hunter, 484 Mich. 247, 257, 771 N.W.2d 694 (2009). "The fundamental purpose of judicial construction of statutes is to ascertain and give effect to the intent of the Legislature." Amburgey v. Sauder, 238 Mich.App. 228, 231-232, 605 N.W.2d 84 (1999). Once the intent of the Legislature is discovered, it must prevail regardless of any rule of statutory construction to the contrary. In re Certified Question, 433 Mich. 710, 722, 449 N.W.2d 660 (1989). The language of the statute expresses the legislative intent. Dep't of Transp. v. Tomkins, 481 Mich. 184, 191, 749 N.W.2d 716 (2008). A clear and unambiguous statute is not subject to judicial construction or interpretation. Id. Stated otherwise, when a statute plainly and unambiguously expresses the legislative intent, the role of the court is limited to applying the terms of the statute to the circumstances in a particular case. Id. Yet "a dogged literalism should not be employed to defeat the Legislature's intent." Goodridge v. Ypsilanti Twp. Bd., 451 Mich. 446, 453 n. 8, 547 N.W.2d 668 (1996).
A statutory provision is ambiguous if it irreconcilably conflicts with another provision or when it is equally susceptible to more than one meaning. Fluor Enterprises, Inc. v. Dep't of Treasury, 477 Mich. 170, 177-178 n. 3, 730 N.W.2d 722 (2007). A statutory provision should be viewed as ambiguous only after all other conventional means of interpretation have been applied and found wanting. Id. at 178 n. 3, 730 N.W.2d 722. If a statute is ambiguous, judicial construction is appropriate. Capitol Props. Group, LLC v. 1247 Ctr. Street, LLC, 283 Mich.App. 422, 434, 770 N.W.2d 105 (2009). "Where the language of a statute is of doubtful meaning, a court must look to the object of the statute in light of the harm it is designed to remedy, and strive to apply a reasonable construction that will best accomplish the Legislature's purpose." Marquis v. Hartford Accident & Indemnity (After Remand), 444 Mich. 638, 644, 513 N.W.2d 799 (1994). When construing statutes, the terms of statutory provisions with a common purpose should be read in pari materia.
When construing a statute, "a court should not abandon the canons of common sense." Marquis, 444 Mich. at 644, 513 N.W.2d 799. "We may not read into the law a requirement that the lawmaking body has seen fit to omit." In re Hurd-Marvin Drain, 331 Mich. 504, 509, 50 N.W.2d 143 (1951). When the Legislature fails to address a concern in the statute with a specific provision, the courts "cannot insert a provision simply because it would have been wise of the Legislature to do so to effect the statute's purpose." Houghton Lake Area Tourism & Convention Bureau v. Wood, 255 Mich.App. 127, 142, 662 N.W.2d 758 (2003). Therefore, when necessary to interpret an ambiguous statute, the appellate courts must determine the reasonable construction that best effects the Legislature's intent. Id. The insurance industry is of great public interest, and insurance laws are to be liberally construed in the interests of the public, policyholders, and creditors. Attorney General v. Mich. Surety Co., 364 Mich. 299, 325, 337, 110 N.W.2d 677 (1961); Tevis v. Amex Assurance Co., 283 Mich.App. 76, 81, 770 N.W.2d 16 (2009); Mich. Life Ins. Co. v. Comm'r of Ins., 120 Mich.App. 552, 558, 328 N.W.2d 82 (1982). "To that end we are bound to give full effect to legislative efforts to regulate the business of insurance." Mich. Surety, 364 Mich. at 337, 110 N.W.2d 677.
Administrative agencies are created by the Legislature as "`repositories of special competence and expertise uniquely equipped to examine the facts and develop public policy within a particular field.'" Travelers Ins. Co. v. Detroit Edison Co., 465 Mich. 185, 198, 631 N.W.2d 733 (2001) (citation omitted). "[A]dministrative agencies possess specialized and expert knowledge to address issues of a regulatory nature. Use of an agency's expertise is necessary in regulatory matters in which judges and juries have little familiarity." Id. at 198-199, 631 N.W.2d 733. The relationship between the courts and administrative agencies is one of restraint, and courts must exercise caution when called upon to interfere with the jurisdiction of an administrative agency. 74th Judicial Dist. Judges v. Bay Co., 385 Mich. 710, 727, 190 N.W.2d 219 (1971). "Judicial restraint tends to permit the fullest utilization of the technical fact-finding expertise of the administrative agency and permits the fullest expression of the policy of the statute, while minimizing the burden on court resources." Id. at 728, 190 N.W.2d 219. "Where a statute creates and regulates, and prescribes the mode and names the parties granted right to invoke its provisions that mode must be followed and none other, and such parties only may act." Taylor v. Pub. Utilities Comm., 217 Mich. 400, 403, 186 N.W. 485 (1922).
A separate and distinct state department was established in 1956 and charged with the execution of the laws regarding insurance and surety business. MCL 500.200. It succeeded the insurance bureau, and is now within the Office of Financial and Insurance Regulation. See MCL 500.102(2). The chief officer of the department was originally known as the Commissioner of Insurance and is now the Commissioner of the Office of Financial and Insurance Regulation, and the commissioner
The Insurance Code was enacted, in part, "to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates...." Title of 1956 PA 218, the Insurance Code, MCL 500.100 et seq. As noted earlier, petitioner "was created to provide property insurance to qualified persons who cannot get insurance in the regular market."
Any person with an insurable interest in real or tangible personal property may apply to the pool for basic property insurance, MCL 500.2925(1), and any qualified applicant may apply to the pool for home insurance, MCL 500.2925a(1). If the pool concludes that it is unable to accept the risk of insuring the property, the applicant is entitled to a written statement setting
As part of its plan of operation, the pool shall adopt reasonable underwriting standards to determine whether a risk is acceptable for basic property insurance by the pool. MCL 500.2924(1). The standards for determining an acceptable risk include, but are not limited to, "protective devices, deductibles, coinsurance provisions, appropriate record keeping and limitations, not inconsistent with this chapter, on the amount of insurance that may be provided with respect to any 1 risk." Id. However, "[t]he standards shall be relevant to the perils insured against and shall be consistent with the definition of qualified property, for basic property insurance, contained in [MCL 500.2901]." Id.
MCL 500.2930a addresses home insurance policies issued by the pool and provides in relevant part:
The present dispute arises from the language of the first sentence of MCL 500.2930a(1), addressing how to calculate the rates charged in each territory. Petitioner contends that historically the commissioner has approved a calculation using "base rates" and the base rate is the starting point for the final premium after factors are applied to increase or decrease the ultimate premium. Respondents, however, contend that the statutory language is ambiguous because it omits any reference to the subject matter of the weighted average and the commissioner has the statutory authority to interpret the provision consistently with the Legislature's intent to provide affordable insurance with petitioner as a last resort.
The sentence at issue identifies that an average is obtained, but does not identify the subject matter of the weighted average. It states, "Except as otherwise provided in subsection (4)(c), rates charged in each territory by the pool for home insurance shall be equal to the weighted average of the 10 voluntary market insurer groups with the largest premium volume in this state." MCL 500.2930a(1). Although petitioner contends that the weighted average of "base rates," a term of art employed in the insurance industry, is to be utilized, the statute at issue does not expressly use that term. In fact, the statute at issue does not define "base rates," "rates charged," or "premium." Moreover, the statute does not define the types of insurance that are available.
As previously stated, when construing a statute, this Court cannot insert a provision because it would have been wise of the Legislature to have done so in order to effectuate the statute's purpose. Houghton Lake, 255 Mich.App. at 142, 662 N.W.2d 758. Rather, an ambiguous statute must be given a construction that best effects the Legislature's intent. Id. We conclude that the statute at issue is ambiguous because it fails to specify the subject matter of the weighted average. As a result of the ambiguity, we must effect the Legislature's intent by examining the object of the statute in light of the harm it is designed to remedy, apply a reasonable construction to accomplish the Legislature's purpose, and read in pari materia statutes to produce a harmonious whole and reconcile inconsistencies. World Book, 459 Mich. at 416, 590 N.W.2d 293; Marquis, 444 Mich. at 644, 513 N.W.2d 799. Additionally, as a result of the ambiguity, we must give respectful consideration to the agency's construction of the statute and provide cogent reasons for overruling the agency's interpretation. Rovas, 482 Mich. at 103, 754 N.W.2d 259. The agency's interpretation will be particularly helpful when examining this doubtful provision. Id. at 108, 754 N.W.2d 259.
As noted earlier, the Insurance Code was enacted to ensure that automobile owners and homeowners could purchase insurance at reasonable and fair rates. To ensure that the public is protected, the insurance commissioner was created to examine issues affecting the industry. MCL 500.202. The commissioner has broad authority to examine the books of any insurer and ensure that the
Reading the insurance statutes in pari materia, we conclude that the insurance commissioner had the authority to review the proposed rate increase and to determine that petitioner's interpretation did not conform to the legislative intent. The purpose of the Insurance Code is to provide fair and reasonable rates of insurance. The actuary's report in this case noted that a decrease would have occurred using other acceptable actuarial methods. However, when applying base rates without any discounts to calculate the rates charged by the pool, an increase of 18.9 percent was proposed to the commissioner. The insurance commissioner was entitled to determine that this method was contrary to petitioner's plan of operation because it failed to ensure the fair, reasonable, equitable, and nondiscriminatory manner of administering the pool. When respondents' analyst requested a different method of calculation consistent with the actuary's report, petitioner did not demonstrate that its preferred method of calculation was fair, reasonable, equitable, and nondiscriminatory. On its face, the computation by the actuary and the rate increase sought by petitioner does not appear to be fair and equitable. Persons seeking insurance in the regular market are quoted a base rate, but then given discounts to arrive at the ultimate premium that is charged. Petitioner's rates would be set on the weighted average of the base rate charged, without taking into consideration that the base rate was inflated to account for the discounts given. Therefore, the circuit court erred by reversing the commissioner's decision.
Furthermore, affording the agency's construction of the statute respectful consideration, there are no cogent reasons for overruling the agency interpretation. Rovas, 482 Mich. at 103, 754 N.W.2d 259. Review of the administrative record
In response to the actuary's report, the commissioner's office requested information regarding the use of the base rate as opposed to the ultimate premium charged to the insured. When petitioner refused to provide additional information or recalculate the rates, the insurance commissioner issued an order disapproving of the proposed rate increase. In his order, the insurance commissioner noted that the industry had altered its methodology for calculating base rates and premiums. Specifically, the commissioner stated that insurance companies deliberately inflated the base rates and discounts were then subtracted from the base rate. Because of this methodology, the commissioner concluded that base rates no longer had any meaningful correlation to expected losses. Therefore, the commissioner opined that petitioner's use of base rates was improper, unfairly discriminatory, and inconsistent with a plan of operation that is fair, reasonable, equitable, and nondiscriminatory.
Giving respectful consideration to the agency's determination, we cannot find any cogent reasons to reverse the insurance commissioner's disapproval of the rate increase. Rovas, 482 Mich. at 103, 754 N.W.2d 259. Insurance laws are to be liberally construed in favor of the public. Mich. Surety, 364 Mich. at 325, 110 N.W.2d 677; Tevis, 283 Mich.App. at 81, 770 N.W.2d 16. Administrative agencies were created so that entities with specialized knowledge and expertise would address regulatory matters, and this expertise is necessary to resolve regulatory issues. Travelers Ins. Co., 465 Mich. at 198, 631 N.W.2d 733. Here, the insurance commissioner was aware of the prior calculations and acceptance of rate approvals. Because of his experience and expertise, the insurance commissioner was aware of the fact that a disparity had been created between base rates and premiums charged to consumers because of the industry's adoption of inflated base rates. Additionally, data had to be extrapolated because of the inconsistencies in the number of rating territories and the number of insurers that did not provide form two (HO-2) insurance.
Petitioner contends that the insurance commissioner lacks the authority to disapprove of the use of base rates for calculating the weighted average because use of base rates has been acceptable for the last
In summary, the statutory provision at issue, MCL 500.2930a(1), is ambiguous because it fails to identify the subject matter to be calculated as a weighted average. The insurance commissioner is charged with oversight of the insurance industry to ensure fair and reasonable rates to the general public. Petitioner was created to allow qualified persons to obtain insurance unavailable in the regular market. Petitioner is subject to supervision and regulation by the insurance commissioner, and petitioner must follow a plan of operation that ensures fair, reasonable, equitable, and nondiscriminatory maintenance of the pool. In his expertise, the insurance commissioner concluded that petitioner's calculation of territorial rates was improper because it was premised on the base rates of the 10 insurers with the largest premium
Petitioner's own actuary acknowledged that use of other acceptable actuarial methods would result in a decrease in rates, but the method employed in years past led to the requested 18.9 percent increase. Despite inquiry from the commissioner's analyst regarding the propriety of the calculation, petitioner did not defend the fairness, reasonableness, equitableness, and manner of administering the pool and the consistency with its plan of operation. Rather, petitioner filed suit to obtain its 18.9 percent increase. Although statutory construction is the domain of the judiciary, MCL 500.2930a(1) is ambiguous because it omits the subject matter from which the weighted average is computed. After reviewing the insurance Code, the authority of the insurance commissioner, and the responsibilities of the pool, we conclude that respondents' construction of the statute is in accordance with the intent of the Legislature. Furthermore, cogent reasons
Reversed.
BANDSTRA, P.J., (concurring).
I concur with the majority that this matter must be reversed for the reasons stated. In addition, I write separately to point out a complementary reason that reversal is warranted. As the majority notes, the statutory language at issue does not specify the subject matter to be calculated as a weighted average: "rates charged in each territory by the pool for home insurance shall be equal to the weighted average of an unspecified variable pertaining to certain market insurer groups. MCL 500.2930a(1). While the statute is thus ambiguous, logically it seems quite defensible to conclude that the subject matter of the "weighted average" is the "rates charged" specified earlier in this clause. The rates charged by the subject insurer groups, again as a matter of logic, are the amounts that people actually pay for their insurance, i.e., the premiums, which result from base rates as they have been reduced by applicable discounts. This is respondents' position, and this analysis belies petitioner's argument that the missing variable to be averaged is, simply, the base rates. Thus, the majority's analysis correctly leads us to conclude what a close reading of the statutory language itself suggests.