PER CURIAM.
This appeal involves a priority dispute among three automobile insurance companies. In 2007, plaintiffs John and Vera-Anne Corwin sustained severe injuries in a car accident while driving a 2007 Jeep Compass that John leased from defendant Chrysler LLC
Michigan law requires that the named insured in an automobile insurance policy have an insurable interest. Moreover, a motor-vehicle insurer cannot avoid
John and Vera-Anne Corwin are husband and wife and live together in Oakland County. John is a retiree of Chrysler LLC. As a retiree, John qualified for a Chrysler vehicle lease program. Through the program, John leased a 2007 Jeep Compass from Chrysler LLC beginning in June 2007. The term of the lease was for two years. Chrysler Insurance insured the Jeep Compass under a fronted insurance policy.
The Chrysler Insurance policy declarations page and endorsements IL-A and IL-B provide that DaimlerChrysler Corporation and its United States subsidiaries are the "named insured" for the Jeep Compass. The policy defines "you" as "the Named Insured shown in the Declarations" and "us" as "the Company providing this Insurance." The Chrysler Insurance policy states the following with respect to coverage: "We will pay personal injury protection [PIP] benefits to or for an `insured' who sustains `bodily injury' caused by an `accident' and resulting from the ownership, maintenance or use of an `auto' as an `auto'." The policy defines an "insured" as follows:
The policy contains the following exclusion:
On August 5, 2007, John was driving the Jeep Compass. Vera-Anne and the Corwins' daughter, Gail, were seated in passenger seats. As John drove through an intersection on a green light, a vehicle driven by defendant Leslie Ann Jackson drove through on a red light and struck the Jeep Compass "almost completely in the driver's door." Jackson was an uninsured motorist at the time of the accident. Both John and Vera-Anne sustained severe injuries.
At the time of the accident, the Corwins owned a Jeep Liberty that was insured with Auto Club under a Michigan no-fault insurance policy. John and Vera-Anne were the "named insureds" under the policy. The Corwins also owned a motor home. The motor home was insured by Foremost. John was the "named insured" under the policy. After the accident, Auto Club provided the Corwins "hundreds of thousands of dollars" in PIP benefits. But, neither Foremost nor Chrysler Insurance paid the Corwins PIP benefits before this action was initiated.
The Corwins and Auto Club sued Chrysler Insurance, Chrysler LLC, Foremost, and Jackson. The Corwins and Auto Club requested a declaratory judgment regarding the parties' obligations to pay PIP benefits, Auto Club's right to reimbursement from defendants, and the Corwins' right to uninsured-motorist coverage under their three insurance policies. The Corwins and Auto Club also pleaded a single count of negligence against Jackson. Chrysler Insurance and Chrysler LLC filed a counterclaim against the Corwins and Auto Club and moved for summary disposition under MCR 2.116(C)(10). It argued that Auto Club and Foremost had coequal priority to pay the Corwins' PIP benefits because John was a named insured on both the Auto Club and Foremost policies but not the Chrysler Insurance policy. Chrysler Insurance also argued that the Corwins could not recover uninsured-motorist benefits from Chrysler Insurance because the Chrysler Insurance policy did not provide uninsured-motorist coverage at the time of the accident. Auto Club and Foremost moved for partial summary disposition under MCR 2.116(C)(10). They argued that Chrysler Insurance, Auto Club, and Foremost shared the liability for the Corwins' PIP benefits because (1) the Corwins were the named insureds on the Auto Club and Foremost policies and (2) the Chrysler Insurance policy should be reformed by the court to name the Corwins as the named insureds because the policy improperly shifted Chrysler Insurance's statutory responsibility for the Corwins' PIP benefits to Foremost and Auto Club.
Without hearing oral argument on the parties' motions for summary disposition, the trial court issued an opinion and order on July 1, 2010. The trial court granted Chrysler Insurance's motion for summary disposition and denied Auto Club's and Foremost's motion for summary disposition. The court opined as follows, in pertinent part:
Auto Club moved for reconsideration. The court granted the motion in part "to correct a clerical error," i.e., to amend its July 1, 2010, opinion and order to reflect that Auto Club's motion for summary disposition was granted in part to the extent that Auto Club and Foremost were co-equals in the highest order of priority.
The trial court entered an order of judgment (a partial consent judgment, because, by that time, Auto Club and Foremost had reached a settlement that they were in the same order of priority for purposes of the Corwins' PIP benefits and Foremost had paid Auto Club $313,655.73 in settlement of the past and present PIP benefits Auto Club had paid the Corwins) on December 16, 2010, in favor of Auto Club against Foremost for $313,655.73. It dismissed with prejudice the Corwins' claims for uninsured-motorist benefits. And, it noted that the Corwins, Auto Club, and Foremost preserved "their continued objection" to the court's summary-disposition rulings and their right to appeal the issue of Chrysler Insurance's liability for PIP benefits.
Auto Club and Foremost argue that the trial court erroneously granted summary disposition in favor of Chrysler Insurance. They contend that the Chrysler Insurance policy violates public policy and, thus, should be reformed. We agree.
We review a trial court's summary-disposition ruling de novo. Maiden v. Rozwood, 461 Mich. 109, 118, 597 N.W.2d 817 (1999). When reviewing a motion brought under MCR 2.116(C)(10), this Court considers the pleadings, affidavits, depositions, admissions, and any other documentary evidence submitted by the parties in a light most favorable to the nonmoving party. The Cadle Co. v. City of Kentwood,
Issues of statutory construction are questions of law, which we review de novo. Megee v. Carmine, 290 Mich.App. 551, 559, 802 N.W.2d 669 (2010). "The interpretation and construction of insurance contracts are also questions of law, which this Court reviews de novo." Citizens Ins. Co. v. Secura Ins., 279 Mich.App. 69, 72, 755 N.W.2d 563 (2008). Finally, we review "de novo a trial court's decision whether to grant equitable relief." Walker v. Farmers Ins. Exch., 226 Mich.App. 75, 79, 572 N.W.2d 17 (1997).
"The Michigan no-fault act, MCL 500.3101 et seq., requires Michigan drivers to maintain automobile insurance." American Home Assurance Co. v. Mich. Catastrophic Claims Ass'n, 288 Mich.App. 706, 717, 795 N.W.2d 172 (2010). MCL 500.3101(1) provides that the "owner or registrant of a motor vehicle required to be registered in this state shall maintain security for payment of benefits under personal protection insurance, property protection insurance, and residual liability insurance."
Under the no-fault act, an "owner" means any of the following:
"An insurer who elects to provide automobile insurance is liable to pay no-fault benefits subject to the provisions of the [no-fault] act." Dobbelaere v. Auto-Owners Ins. Co., 275 Mich.App. 527, 530, 740 N.W.2d 503 (2007), citing MCL 500.3105(1).
When determining the priority of insurers liable for no-fault PIP benefits, courts must examine MCL 500.3114. See Besic v. Citizens Ins. Co. of the Midwest, 290 Mich.App. 19, 30, 800 N.W.2d 93 (2010). MCL 500.3114(1) provides that "a personal protection insurance policy described in [MCL 500.3101(1)] applies to accidental bodily injury to the person named in the policy, the person's spouse, and a relative of either domiciled in the same household, if the injury arises from a motor vehicle accident." The phrase "the person named in the policy" is synonymous with the term "the named insured." Cvengros v. Farm Bureau Ins., 216 Mich.App. 261, 264, 548 N.W.2d 698 (1996) (quotation marks and citation omitted). Moreover, MCL 500.3114(1) states the following:
"These provisions have been interpreted as providing that no-fault insurance policies for the injured person's household are first in order of priority of responsibility for payment of no-fault benefits...." Dobbelaere, 275 Mich.App. at 530, 740 N.W.2d 503. Therefore, "a person who sustains accidental bodily injury while the occupant of a motor vehicle must first look to no-fault insurance policies within his or her household for no-fault PIP benefits." Id. A no-fault insurance carrier can be responsible for PIP benefits even if the motor vehicle it insures was not the actual motor vehicle involved in the accident. See Detroit Auto. Inter-Ins. Exch. v. Home Ins. Co., 428 Mich. 43, 48-49, 405 N.W.2d 85 (1987). "PIP coverage protects the person, not the motor vehicle." Amerisure Ins. Co. v. Auto-Owners Ins. Co., 262 Mich.App. 10, 17, 684 N.W.2d 391 (2004) (quotation marks and citation omitted). When two or more insurers are in the same order of priority to provide PIP benefits, "an insurer paying benefits due is entitled to partial recoupment from the other insurers in the same order of priority, together with a reasonable amount of partial recoupment of the expense of processing the claim, in order to accomplish equitable distribution of the loss among such insurers." MCL 500.3115(2).
In this case, the parties correctly agree that, absent reformation of the Chrysler Insurance policy, Chrysler Insurance is not primarily liable for the Corwins' PIP benefits under MCL 500.3114(1). This is because both John and Vera-Anne are a named insured on a no-fault policy in their household, John on the Auto Club and Foremost policies and Vera-Anne on the Auto Club policy, and neither John nor Vera-Anne is a named insured on the Chrysler Insurance policy. Moreover, an exclusion in the Chrysler Insurance policy provides that Chrysler Insurance does not have to pay the Corwins' PIP benefits when the Corwins are "entitled to Michigan no-fault benefits as a Named Insured under another policy."
The critical issues in this case are whether the Chrysler Insurance policy complies with the no-fault act and, if not, whether the policy must be reformed.
It is a "bedrock principle of American contract law that parties are free to contract as they see fit, and the courts are to enforce the agreement as written absent ... a contract in violation of law or public policy." Rory v. Continental Ins. Co., 473 Mich. 457, 469, 703 N.W.2d 23 (2005) (quotation marks and citation omitted). "Reformation of an insurance policy is an equitable remedy." Titan Ins. Co. v. Hyten, 291 Mich.App. 445, 451, 805 N.W.2d 503 (2011), lv. gtd. 490 Mich. 868, 802 N.W.2d 617 (2011) (quotation marks and citation omitted). "[A] policy in full effect may be reformed." Id. "[C]ontracting parties are assumed to want their contract to be valid and enforceable." Cruz v. State Farm Mut. Auto. Ins. Co., 466 Mich. 588, 599, 648 N.W.2d 591 (2002). Thus, when reasonably possible, this Court is obligated to construe insurance contracts that conflict with the no-fault act and, thus, violate public policy, in a manner that renders them "compatible with the existing public policy as reflected in the no-fault act." Id.; see also State Farm Mut. Auto. Ins. Co. v. Enterprise Leasing Co., 452 Mich. 25, 40-41, 549 N.W.2d 345 (1996) (reforming an invalid no-fault policy to comply with the no-fault act when the policy improperly
We conclude that the Chrysler Insurance policy is invalid under the no-fault act and requires reformation for two reasons: (1) Chrysler LLC and its United States subsidiaries, the named insureds in the policy, do not have an insurable interest and (2) the policy contravenes the legislative intent of the no-fault act.
"`[U]nder Michigan law, an insured must have an "insurable interest" to support the existence of a valid automobile liability insurance policy.'" Morrison v. Secura Ins., 286 Mich.App. 569, 572, 781 N.W.2d 151 (2009), quoting Allstate Ins. Co. v. State Farm Mut. Auto. Ins. Co., 230 Mich.App. 434, 439, 584 N.W.2d 355 (1998). And, "the insurable interest must be that of a `named insured.'" Id., quoting Allstate, 230 Mich.App. at 440, 584 N.W.2d 355. "[A]n `insurable interest' need not be in the nature of ownership, but rather can be any kind of benefit from the thing so insured or any kind of loss that would be suffered by its damage or destruction." Id. at 572-573, 781 N.W.2d 151. An individual can have an insurable interest in a motor vehicle without having title to the vehicle. See Clevenger v. Allstate Ins. Co., 443 Mich. 646, 661-662, 505 N.W.2d 553 (1993). For example, "[a] person obviously has an insurable interest in his own health and well-being. This is the insurable interest which entitles persons to personal protection benefits regardless of whether a covered vehicle is involved." Roberts v. Titan Ins. Co. (On Reconsideration), 282 Mich.App. 339, 362, 764 N.W.2d 304 (2009) (quotation marks and citation omitted). "[T]he `insurable interest' requirement arises out of long-standing public policy." Morrison, 286 Mich.App. at 572, 781 N.W.2d 151, citing Allstate, 230 Mich.App. at 438, 584 N.W.2d 355. "[P]ublic policy forbids the issuance of an insurance policy where the insured lacks an insurable interest." Id. at 573, 781 N.W.2d 151 (emphasis in original). A policy is void when there is not an insurable interest. Id. at 572, 781 N.W.2d 151; see also Allstate, 230 Mich.App. at 441, 584 N.W.2d 355.
Here, neither Chrysler LLC nor its United States subsidiaries have an insurable interest to support the existence of the Chrysler Insurance policy for personal protection, property protection, and residual liability insurance. Owners and registrants have an insurable interest in their motor vehicles because the no-fault act requires owners and registrants to carry no-fault insurance and MCL 500.3102(2) makes it a misdemeanor to fail to do so. See Clevenger, 443 Mich. at 651, 661, 505 N.W.2d 553. The insurable interest of owners and registrants is, therefore, contingent upon "personal pecuniary damage created by the no-fault statute itself." Id. at 661, 505 N.W.2d 553. As Chrysler Insurance conceded during oral argument, Chrysler LLC and its United States subsidiaries are not owners or registrants of the Jeep Compass leased to the Corwins. MCL 500.3101(2)(h)(ii) and (i) expressly exclude "a person engaged in the business of leasing motor vehicles who is the lessor of a motor vehicle pursuant to a lease providing for the use of the motor vehicle by the lessee for a period that is greater than 30 days" from being either an owner or registrant. Thus, Chrysler LLC cannot be an owner or registrant of the Jeep Compass. Moreover, there is no evidence in the record indicating that a United
Furthermore, Chrysler LLC and its United States subsidiaries lack any insurable interest flowing from protection of a person's "health and well-being" because they cannot suffer accidental bodily injury. See MCL 500.3114(1); Roberts, 282 Mich. App. at 362, 764 N.W.2d 304. Chrysler LLC and its United States subsidiaries also do not have an insurable interest entitling them to residual liability or property protection insurance. Residual liability insurance affords coverage for noneconomic loss caused by the "ownership, maintenance, or use of a motor vehicle...." MCL 500.3135; see also Citizens, 448 Mich. at 228-229, 531 N.W.2d 138. The owner or registrant of a motor vehicle has the primary duty to provide residual liability insurance. Citizens, 448 Mich. at 235, 531 N.W.2d 138. "Under property protection insurance an insurer is liable to pay benefits for accidental damage to tangible property arising out of the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle...." MCL 500.3121(1). A person claims property protection insurance benefits in the following order of priority: (1) insurers of owners or registrants of vehicles involved in the accident and (2) insurers of operators of vehicles involved in the accident. MCL 500.3125. As previously discussed, Chrysler LLC and its United States subsidiaries are not owners or registrants of the Jeep Compass. Furthermore, they do not maintain, operate, or use the Jeep Compass to give rise to liability for residual liability or property protection insurance benefits. Chrysler LLC and its United States subsidiaries do not derive "any kind of benefit from [a] thing so insured" nor do they suffer "any kind of loss that would be suffered by its damage or destruction." See Morrison, 286 Mich.App. at 573, 781 N.W.2d 151.
Because Chrysler LLC and its United States subsidiaries do not have an insurable interest as the named insured in the Chrysler Insurance policy, the policy violates public policy. See id. at 572-573, 781 N.W.2d 151. Indeed, the entire policy is void — leaving John, the owner of the Jeep Compass, in violation of his statutory duty to maintain security for the payment of insurance benefits. See id. at 572, 781 N.W.2d 151; MCL 500.3101(1), (2)(h). The Chrysler Insurance policy must be reformed to be compatible with public policy so that there is an insurable interest belonging to the named insured. See Morrison, 286 Mich.App. at 572, 781 N.W.2d 151 (insurable interest must belong to the named insured); Cruz, 466 Mich. at 599, 648 N.W.2d 591 (parties are assumed to want their contract to be valid); see also Enterprise Leasing, 452 Mich. at 40-41, 549 N.W.2d 345 (reforming a no-fault policy to comply with the no-fault act when the policy improperly shifted statutory responsibility for providing no-fault coverage).
"Insurance policies are ... subject to statutory regulation, and mandatory statutory provisions must be read into them." Auto-Owners Ins. Co. v. Martin, 284 Mich.App. 427, 434, 773 N.W.2d 29 (2009). "Insurance policy provisions that conflict with statutes are invalid...." Id.
In Enterprise Leasing, the Michigan Supreme Court held that a provision in a car rental agreement that shifted the primary
The Michigan Supreme Court has explained that, in enacting MCL 500.3114 and MCL 500.3115,
See also Underhill v. Safeco Ins. Co., 407 Mich. 175, 191, 284 N.W.2d 463 (1979) ("It is our understanding of the legislative purpose that it was intended that injured persons who are insured or whose family member is insured for no-fault benefits would have primary resort to their own insurer."). "The `injured person's personal insurer' is, of course, the insurance company providing no-fault insurance in his household which was purchased by an `owner or registrant of a motor vehicle.'" Farmers Ins. Exch. v. AAA of Mich., 256 Mich.App. 691, 697, 671 N.W.2d 89 (2003) (some quotation marks and citations omitted).
As in Enterprise Leasing, the Chrysler Insurance policy in this case violates the intent of the no-fault act by shifting primary liability for no-fault coverage. More specifically, the policy contravenes the legislative intent of MCL 500.3114 and MCL 500.3115 of the no-fault act because the policy enables Chrysler Insurance to avoid primary liability for PIP benefits that are payable to injured people that Chrysler Insurance personally insures, i.e., the Corwins. See Lee, 412 Mich. at 515, 315 N.W.2d 413. Under the no-fault act, John is the "owner" of the Jeep Compass leased from Chrysler LLC because John leased the Jeep Compass for more than 30 days. See MCL 500.3101(2)(h)(i). Moreover, John purchased no-fault insurance for the Jeep Compass through Chrysler Insurance because the insurance premium was deducted from his monthly pension
We will not allow Chrysler Insurance to avoid the Legislature's intent that an injured person's personal insurer stand primarily liable for PIP benefits. See Lee, 412 Mich. at 515, 315 N.W.2d 413; Enterprise Leasing, 452 Mich. at 36, 549 N.W.2d 345. The Chrysler Insurance policy must be reformed to be "compatible with the existing public policy as reflected in the no-fault act." See Cruz, 466 Mich. at 599, 648 N.W.2d 591; see also Enterprise Leasing, 452 Mich. at 40-41, 549 N.W.2d 345 (reforming a car rental agreement to comply with the no-fault act when the agreement improperly shifted statutory responsibility for providing no-fault coverage). Consistent with the intent of the Legislature, we must reform the policy so that Chrysler Insurance is primarily liable (along with Auto Club and Foremost) for PIP benefits in accordance with MCL 500.3114(1).
We conclude that the Chrysler Insurance policy must be reformed to include both John and Vera-Anne as "named insureds" who fall within the policy's definition of "you." In this case, John qualified for the lease program as a Chrysler LLC retiree, and the insurance premiums for the Jeep Compass were deducted from his pension. Moreover, the Chrysler defendants pleaded the following in their answer in response to the allegation in Auto Club and the Corwins' complaint that the Corwins had an insurance policy with Chrysler Insurance for the Jeep Compass at the time of the accident: "These Defendants plead No Contest that at the time of the collision, the Corwins had a policy of insurance issued by DCIC." (Emphasis added.)
The liability of Auto Club, Foremost, and Chrysler Insurance for John's and Vera-Anne's PIP benefits is governed by MCL 500.3114(1). As previously discussed, MCL 500.3114(1) states the following:
In Detroit Auto, the Michigan Supreme Court discussed the proper application of MCL 500.3114(1). See Detroit Auto., 428 Mich. at 47-48, 405 N.W.2d 85. In that case, Vernon Piche died in a motor-vehicle accident while driving his wife Patricia's 1977 Mercury Cougar. Id. at 44, 405 N.W.2d 85. Vernon and Patricia lived together at the time of the accident. Id. Vernon and Patricia had six motor vehicles in their household (several of which were driven by their children). Id. All the vehicles were insured by either Detroit Automobile Inter-Insurance Exchange (DAIIE) or Home Insurance Company (Home Insurance). See id. at 44 n. 3, 405 N.W.2d 85. The owners, insurers, named insureds, and principal drivers for each vehicle were as follows:
Vehicle Insurer Owner Named Insured Other Named Insured Principal Driver 1977 Mercury Cougar DAIIE Patricia Patricia Vernon[5 ] Patricia 1969 Chevrolet stake truck Home Vernon Vernon Vernon 1971 Ford pickup truck DAIIE Patricia Patricia Vernon[6 ] Vernon 1973 Ford Mustang DAIIE Patricia Patricia Paul 1973 Pontiac Catalina DAIIE Patricia Peter Patricia Peter 1975 Plymouth Fury DAIIE Vernon Steven Vernon Steven
In analyzing whether DAIIE, Home Insurance, or both were responsible for paying Vernon's PIP benefits, the Court recognized that MCL 500.3114(1)
Under Detroit Auto, Auto Club, Foremost, and Chrysler Insurance are of equal priority for John's PIP benefits because John is a named insured on their policies. However, because Vera-Anne is a named insured on only the Auto Club and Chrysler Insurance policies, Auto Club and Chrysler Insurance are primarily liable for Vera-Anne's PIP benefits, but Foremost is not. PIP benefits are payable to Vera-Anne under her own Auto Club and Chrysler Insurance policies, and, although they would also be payable to Vera-Anne under her spouse's policy with Foremost, Vera-Anne's insurers (Auto Club and Chrysler Insurance) must pay all her PIP benefits pursuant to MCL 500.3114(1). See Detroit Auto at 47-48, 405 N.W.2d 85; MCL 500.3114(1).
Accordingly, upon reformation, Auto Club, Foremost, and Chrysler Insurance are equally liable for John's PIP benefits. Auto Club and Chrysler Insurance are equally liable for Vera-Anne's PIP benefits. We remand to the trial court to determine the amount of each insurer's liability and to order the appropriate reimbursement under MCL 500.3115(2).
Reversed and remanded. We do not retain jurisdiction.
BORRELLO, P.J., and BECKERING and GLEICHER, JJ., concurred.