SAAD, J.
Defendant Allstate Insurance Company appeals an order of judgment and an order that denied its motion for postjudgment relief. Allstate also appeals two orders that denied its motions for summary disposition. For the reasons set forth below, we reverse the trial court's denials of Allstate's motions for summary disposition and vacate the judgment on the jury verdict.
In July 1992, the decedent, Mary McGrath, bought a home in Gaylord, Michigan, and insured it with Allstate. Until 1998, Ms. McGrath lived in the Gaylord home for most of the year and spent winters in Florida. On November 5, 1992, Ms. McGrath executed a "keep full" agreement with defendant Inergy Propane, LLC, formerly known as Gaylord Gas (hereinafter "Gaylord Gas"), to ensure that there was sufficient propane to heat the house during the winter. Under the agreement, Gaylord Gas would send a delivery driver to the house on a regular basis to check the amount of propane remaining in the tank and add propane if needed. The agreement with Gaylord Gas required Ms. McGrath to pay her bill and ensure that the driveway remained reasonably clear of snow.
In 1998, Ms. McGrath developed dementia and Alzheimer's disease and, as her condition deteriorated, Ms. McGrath's daughter Cathy moved into the Gaylord house with Ms. McGrath to help take care of her. By 2003, Cathy was unable to care for her mother alone, and Cathy and her siblings decided that Ms. McGrath and Cathy should move to and live in an apartment in Farmington Hills, where Ms. McGrath would be closer to family and her doctors. Cathy changed Ms. McGrath's billing address and notified Allstate that
Allstate concluded that the water damage was caused by a frozen pipe that had ruptured because of a lack of heat in the house. Sometime between November 2005 and May 2006, the propane tank at the Gaylord property ran out of fuel, which rendered the furnace inoperable. The record reflects that Gaylord Gas canceled the "keep full" agreement with Ms. McGrath on December 19, 2005, after its delivery driver found the driveway impassable. It is undisputed that the driveway of the Gaylord property was not plowed during the winter of 2005-2006. On June 15, 2006, Allstate informed plaintiff over the telephone that it would not pay for the water damage, and Allstate sent a formal denial-of-coverage letter on June 22, 2006.
Plaintiff filed a complaint against Allstate for breach of contract, and he also asserted a claim of negligence against Gaylord Gas. Plaintiff settled the claim against Gaylord Gas after case evaluation. Allstate filed two motions for summary disposition pursuant to MCR 2.116(C)(10), and the trial court denied both motions. A jury found in favor of plaintiff and, pursuant to stipulation, Allstate was ordered to pay plaintiff $100,000. The trial court denied Allstate's motion for postjudgment relief on November 13, 2008.
We hold that the trial court erred when it denied Allstate's motions for summary disposition.
The rules of contract interpretation apply to the interpretation of insurance contracts. Citizens Ins. Co. v. Pro-Seal Serv. Group, Inc., 477 Mich. 75, 82, 730 N.W.2d 682 (2007). The language of insurance contracts should be read as a whole and must be construed to give effect to every word, clause, and phrase. Klapp v. United Ins. Group Agency, Inc., 468 Mich. 459, 467, 663 N.W.2d 447 (2003). When the policy language is clear, a court
In its motions for summary disposition, Allstate argued that the policy does not cover the damage to the Gaylord property because Ms. McGrath failed to comply with the policy terms. Specifically, Allstate asserted that, contrary to the requirements of the policy, Ms. McGrath did not reside at the Gaylord property at the time of the loss and failed to notify Allstate of the change in title, occupancy, or use of the property. In essence, Allstate claimed that because the nature of the risk insured is greater for an unoccupied home, Allstate's policy required that Ms. McGrath reside in the home and notify Allstate if this changed. Allstate asserted that Ms. McGrath did not meet these obligations of the policy.
We agree with Allstate that the insurance policy does not cover the damage to the Gaylord house because, at the time of the loss, it was not a "dwelling" as defined by the policy. The policy states that Allstate will "cover sudden and accidental direct physical loss" of covered property, which includes "
The critical inquiry here is whether the phrase "where you reside" in the definition of the covered "dwelling" precludes coverage because of Ms. McGrath's extended absence from the insured property. Plaintiff contends that the phrase "where you reside" is merely descriptive of the property and that it constitutes only an affirmative warranty that Ms. McGrath lived in the house when she originally entered into the insurance contract with Allstate. Allstate maintains that the phrase "where you reside" is a statement of coverage that requires that the insured live at the premises at the time of the loss.
We agree with Allstate. Random House Webster's College Dictionary (2000) defines the verb "reside" in part as "to dwell permanently or for a considerable time; live." Accord The American Heritage Dictionary of the English Language (3d ed., 1996) ("To live in a place permanently or for an extended period."). The policy states that the "insured premises" means "the residence premises" and the coverage section states that the insured's "dwelling" is the covered property. (Boldface
This differs from the policy in Reid v. Hardware Mut. Ins. Co. of the Carolinas, Inc., 252 S.C. 339, 342, 166 S.E.2d 317 (1969), which was contrasted by the Heniser Court and which described the property itself as a "one story frame constructed, approved roof, owner occupied, one family dwelling." (Emphasis added.) In Reid, the court ruled that the phrase describing the property as "owner occupied" "is a description merely and is not an agreement that the insured should continue in the occupation of it." Id. at 346, 166 S.E.2d 317. The Heniser Court further observed that the "owner occupied" language in Reid "was in a list of statements describing the building covered by the policy," making it "clear that `owner occupied' was simply a description of the dwelling in the same way that stating the building had an `approved roof' merely commented on the structure at the time the policy was created." Heniser, 449 Mich. at 167 n. 13, 534 N.W.2d 502. Again, here, "where you reside" is an independent part of the definition of "dwelling," which not only defines the covered property, but is also incorporated in the definition of "residence premises." The language is not merely descriptive of the Gaylord house, but constitutes a statement of coverage; to be a "dwelling" covered by the policy, the building must be identified in the policy declarations, the insured must reside there, and the building must be used as a private residence. This indicates that the insured must reside at the property not only at the time the policy becomes effective, but at the time of the loss.
The trial court implicitly acknowledged that Ms. McGrath had to reside at the Gaylord property when the water damage occurred, but erroneously ruled that plaintiff had established an issue of fact on this question. Specifically, the trial court ruled that because evidence showed that, despite her move to Farmington Hills in 2003, Ms. McGrath intended to return to the Gaylord house at some time in the future, she "resided" in the house when the pipes burst during the winter of 2005-2006. We hold that the trial court's ruling is based on a misinterpretation of Heniser. In Heniser, the plaintiff sold his property on a land contract, and the property was destroyed by a fire a few months later. Heniser, 449 Mich. at 157, 534 N.W.2d 502. The insurer denied coverage because Mr. Heniser did not reside in the house when the fire occurred. Our Supreme Court noted that the term "reside" may be ambiguous in some contexts, but was not ambiguous in Mr. Heniser's policy, which, again, provided that the " `residence premises' " are " `where you reside....' " Id. at 158 n. 1, 534 N.W.2d 502. The Court observed that, in some circumstances, such as those involving the Freedom of Information Act, MCL 15.231 et seq., or the Child Custody Act, MCL 722.21 et seq., the term "reside" may have a legal or technical meaning beyond mere physical presence, including "the intent to live at that location at sometime in the future, a meaning
As in Heniser, there is no ambiguity in the Allstate policy issued to Ms. McGrath. Accordingly, it was error for the trial court to ascribe a technical meaning to the term "reside" when the common understanding of the term required that Ms. McGrath live at the Gaylord address at the time of the loss. It is undisputed that Ms. McGrath did not physically live at the Gaylord address when the pipes froze and burst or for two years before the loss and, therefore, she did not satisfy the requirement that she "reside" in the house when the loss occurred.
The multiple risks assumed by an insurer in exchange for an insurance premium are tied to an understanding that the building structure covered is where the insured dwells either permanently or for a considerable period because the risks assumed are clearly affected by the presence of the insured in the dwelling and the associated activities stemming from this presence. Unoccupied or vacant homes, with no resident present to oversee security or maintenance, are at greater risk for break-ins, vandalism, fire, and water damage of exactly the kind that occurred in this case. We recognize that an insured may be away from a property temporarily for travel or because of illness, and the policy clearly contemplates temporary absences, without curtailing coverage. As
We also agree with Allstate that the trial court should have granted Allstate's motions for summary disposition in light of Ms. McGrath's failure to provide adequate notice of the change in occupancy of the Gaylord property. Allstate's argument relies on the following language in the insurance policy:
Allstate also relies on the following language: "No suit or action may be brought against
Again, Ms. McGrath moved to Farmington Hills in November 2003, and it is undisputed that Cathy notified Allstate of the change of billing address. The question is whether Cathy's notification was sufficient to put Allstate on notice that there might have been a change in occupancy of the insured property. The parties do not dispute that it is common in the context of insurance contracts that the insured's billing address is different from the address of the property insured.
Importantly, the term "occupancy" in this policy is found in the phrase "any change in title, use or occupancy of the
Plaintiff asserts that, because Ms. McGrath lived in the Gaylord home for approximately 14 years and because no evidence showed that she had ever changed her billing address before, Allstate should have questioned why Cathy changed the billing address. However, the policy places on the policyholder the responsibility to inform the insurer of a change in occupancy. Further, a person
On this discrete question, we agree with the reasoning in Luster Estate v. Allstate Ins. Co., 598 F.3d 903 (C.A.7, 2010). In that case, Mrs. Luster was injured in a fall when she was 83 years old and, after a hospitalization, she moved to an extended-care facility, leaving unoccupied her home insured by Allstate. Id. at 905. Mrs. Luster executed a power of attorney to her lawyer, Rick Gikas, who notified Allstate about his appointment and changed the billing address for the insurance premiums. Id. Mrs. Luster never returned to the home, it remained unoccupied, and she died 4 ½ years after her injury. Id. Three months after her death, the house caught fire, and Mr. Gikas filed a claim with Allstate, which denied the claim after learning that the house had been unoccupied for several years. Id. When considering whether there was adequate notice by virtue of the change of billing address, the Court opined:
As in Luster, we hold that the mere change of the billing address by Cathy for her elderly parent did not put Allstate on notice that Ms. McGrath had moved away from the insured property and did not obligate Allstate to inquire further about the occupancy of the home. Indeed, since Cathy notified Allstate of a change in the billing address, she could clearly have advised Allstate of the crucial fact that her mother no longer lived at the Gaylord address. We will not speculate why Cathy failed to do so, but rule only that it was the insured's obligation to do so under the policy. The failure to notify Allstate about the change in occupancy violated the terms of the contract, and Allstate could properly deny coverage for a loss that occurred more than two years later. This constituted another basis on which the trial court should have granted summary disposition to Allstate.
In light of our rulings, we need not consider the other arguments raised on appeal. For the reasons given, we reverse the trial court's denials of summary disposition to Allstate and vacate the judgment on the jury verdict.