SAAD, J.
Defendant Integon National Insurance Company appeals the trial court's order denying its motion for summary disposition and granting summary disposition in favor of intervening defendant Titan Insurance Company. For the reasons set forth below, we reverse and remand.
The answer to the question of which insurer, Integon or Titan, is responsible for personal protection insurance (PIP) benefits arising out of a Michigan automobile accident depends on where the insured, Salvador Lorenzo, resided at the time of the accident. Because of its peculiar facts, this case raises a question of first impression because Lorenzo, an itinerant agricultural worker, did not have a "permanent" residence in any state, but lived, worked, and resided in three different states where he picked fruit on a seasonal basis. At the time of the accident, Lorenzo lived and worked in Michigan, had all his possessions with him in Michigan, and had no other residence or place he looked to or could be regarded as his home. Accordingly, for purposes of the no-fault act, Lorenzo was a resident of Michigan, and neither his out-of-state policy with Integon nor Integon's choice to also do business in Michigan makes Integon liable for plaintiffs' no-fault benefits. Instead, and contrary to the trial court's ruling, Titan is the insurer responsible for the payment of plaintiffs' PIP benefits as the carrier assigned by the Assigned Claims Facility.
This case arises out of an auto accident that occurred July 29, 2009, on I-196 in Allegan County. Plaintiffs, Gerardo Tienda and Sylvia Gomez, were passengers in a Ford Expedition owned by Tienda's uncle, Lorenzo. When the accident occurred, Lorenzo was also riding in the vehicle and Heriberto Fernandez Castro was driving. Tienda, Gomez, Lorenzo, and Castro are migrant farm workers who travel from state-to-state to harvest fruit. From October 2008 until May 2009, the four worked in Florida where they picked strawberries and then pulled the strawberry plants after the harvest. From May 2009 until early July, the four lived together on or near a farm in North Carolina where they harvested blueberries. Around July 4, 2009, Lorenzo drove Tienda, Gomez, and Castro in his Expedition to Michigan, they rented an apartment together in Grand Rapids, and drove together each day to a farm in Allegan County to harvest blueberries. Plaintiffs and Lorenzo testified that, before the accident, they traveled to the same states and performed the same work for many years. Though the four generally lived in housing provided to migrant workers for the harvest season, they found the Grand Rapids apartment after inquiring about available housing at a Mexican grocery store. It appears the accident occurred after work one day when the four were returning to their Grand Rapids apartment.
Before the accident, on June 22, 2009, Integon issued a North Carolina auto insurance policy to Lorenzo. When he applied for the policy, Lorenzo had a driver's license issued by the state of Michigan. The license showed Lorenzo's address as 66400 84th Avenue, Apartment 3, in Hartford, Michigan. Evidence established that this apartment complex was reserved for migrant farm workers during the harvest season, and that workers who returned to harvest in that area were given different apartments each year within the complex. Lorenzo stated that he received the driver's license approximately eight years before he testified in 2011. However, on the Integon auto insurance application, Lorenzo listed his address as 115 Juan Sanchez Lane in Teachey, North Carolina and, again, it appears this address was temporary housing for migrant farm workers. Integon denied Lorenzo's claim for benefits under its North Carolina insurance policy because, among other reasons, it maintained that Lorenzo was a Michigan resident at the time of the accident, he did not insure the vehicle with Michigan no-fault insurance, and he misrepresented the primary garaging location of the vehicle as his address in North Carolina, when he knew he planned to take the Expedition to Michigan.
Integon initially paid no-fault benefits to Tienda and Gomez, but stopped because it took the position that, at the time of the accident, Lorenzo was a Michigan resident and, under MCL 500.3163(1), Integon was only obligated to pay for injuries or property damage occurring in Michigan if the owner of the vehicle is a resident of another state. Plaintiffs filed this action against Integon and asserted that Integon must pay first-party PIP benefits, but that Integon refused to pay and unreasonably delayed paying the benefits. Plaintiffs also applied for benefits through the Assigned Claims Facility, which assigned the claim to Titan. See MCL 500.3171 et seq. The trial court permitted Titan to intervene in this action on June 14, 2010. Integon filed a cross-claim against Titan, seeking a declaratory judgment that Titan was responsible for PIP benefits owed to plaintiffs and seeking recoupment of the benefits it had already paid to plaintiffs. Titan filed a counterclaim against Integon, and argued that Lorenzo was a resident of North Carolina when he bought the policy and at the time of the accident, and that if
Integon and Titan moved for summary disposition pursuant to MCR 2.116(C)(10), each claiming that the other company was responsible for paying no-fault benefits to Tienda and Gomez. The trial court ultimately denied Integon's motion and granted Titan's motion. The court first ruled that Lorenzo's place of residence was irrelevant and that Integon was obligated to pay for plaintiffs' injuries, stating that it "cannot endorse a decision in this case that makes the recovery of benefits by [plaintiffs] depend on Mr. Lorenzo's residency." Before ruling, the court remarked that "[e]verybody has to be determined to be a resident of some place...." The court went on to rule that, if Lorenzo's residency was at issue pursuant to MCL 500.3163, Lorenzo was not a Michigan resident because he had no intent to reside in Michigan permanently and he had no greater connection to Michigan than the other states in which he worked. The court cited the factors set forth in Workman v. DAIIE, 404 Mich. 477, 274 N.W.2d 373 (1979), and Dairyland Ins. Co. v. Auto-Owners Ins. Co., 123 Mich.App. 675, 333 N.W.2d 322 (1983), and concluded that Lorenzo was a resident of Florida because he spent more months during the year in Florida. Comparing Lorenzo's situation to that of a professional baseball player who travels to other states for games, the court noted that Integon's position that Lorenzo was a Michigan resident would also mean that baseball players change residency each time they stay at a hotel in a different city. The court rejected this notion and further ruled that, as innocent third parties, plaintiffs were entitled to benefits under the Integon policy pursuant to the financial responsibility act, MCL 257.501 et seq. The court issued an order denying Integon's motion and granting summary disposition to Titan on April 14, 2011. The trial court also signed an order on August 23, 2011, that directed Integon to pay plaintiffs costs and fees of $21,683.61 as a penalty for its unreasonable refusal to pay, and its delay in paying, no-fault benefits.
As this Court explained in Hastings Mut. Ins. Co. v. Safety King, Inc., 286 Mich.App. 287, 291, 778 N.W.2d 275 (2009):
This case also requires us to interpret sections of the no-fault act. Our Supreme Court opined in Douglas v. Allstate Ins. Co., 492 Mich. 241, 255-256, 821 N.W.2d 472 (2012):
We hold that the trial court erred when it ruled that Lorenzo's residency is not relevant for purposes of determining Integon's obligation to pay plaintiffs' benefits. While Lorenzo bought a North Carolina auto insurance policy from Integon,
This statute subjects the insurer and insured to "the rights and immunities under the no-fault act for personal and property protection...." Tevis v. Amex Assurance Co., 283 Mich.App. 76, 85, 770 N.W.2d 16 (2009).
Thus, the residency of the owner of the vehicle involved in the collision, Lorenzo, is the central, dispositive question in this case. If Lorenzo was a resident of Michigan at the time of the accident, Titan would be the priority insurer through the Assigned Claims Facility, pursuant to MCL 500.3172(1). Therefore, to the extent the trial court based its ruling on the premise that Lorenzo's residency was irrelevant, its holding was erroneous.
The trial court also based its imposition of liability on Integon on the ground that Lorenzo was a resident not of Michigan but of Florida and was, therefore, an out-of-state resident under MCL 500.3163 when the accident occurred.
"In considering these factors, no one factor is, in itself, determinative; instead, each factor must be balanced and weighed with the others." Id. at 496, 274 N.W.2d 373.
Similarly, in Dairyland, this Court considered factors to determine whether a minor child was domiciled with the child's parents for purposes of coverage under MCL 500.3114. Dairyland, 123 Mich.App. at 678-679, 333 N.W.2d 322. The Court
Certainly, the question whether a relative resides in an insured's home differs from the question of an insured's place of residence, but some of the factors cited in Workman and Dairyland are nonetheless instructive on the issue. We are also mindful of other factual circumstances in which our courts have considered the question of domicile and residency. In Henry v. Henry, 362 Mich. 85, 101-102, 106 N.W.2d 570 (1960), our Supreme Court employed the United States Supreme Court's formulation of "domicile" as "that place where a person has voluntarily fixed his abode not for a mere special or temporary purpose, but with a present intention of making it his home, either permanently or for an indefinite or unlimited length of time." (Citations and quotation marks omitted.) Our Supreme Court has also explained that "[residence means the place where one resides; an abode, a dwelling or habitation; especially, a settled or permanent home or domicile. Residence is made up of fact and intention." Reaume & Silloway, Inc. v. Tetzlaff, 315 Mich. 95, 99, 23 N.W.2d 219 (1946) (citation and quotation marks omitted).
"[I]t may safely be asserted that where one has a home, as that term is ordinarily used and understood among men, and he habitually resorts to that place for comfort, rest and relaxation from the cares of business, and restoration to health, and there abides in the intervals when business does not call — that is his residence, both in the common and legal meaning of the term." Campbell, 22 Mich. at 197-198 (citation omitted).]
Some published cases address the question of residency under MCL 500.3163 in other factual contexts, but they do not address the question of residency for seasonal agricultural workers. Farm Bureau v. Allstate, 233 Mich.App. 38, 592 N.W.2d 395, involved a person insured by Allstate who spent time in both Michigan and Indiana. This Court affirmed the trial court's ruling that the insured was a Michigan resident because facts showed that she
In Witt v. American Family Mut. Ins. Co., 219 Mich.App. 602, 605-606, 557 N.W.2d 163 (1996), the plaintiff insured his vehicle while living in Iowa and the vehicle was registered in Iowa, but, for purposes of MCL 500.3163, this Court ruled that the plaintiff was a Michigan resident:
There are few published cases in Michigan that address the residency of migrant agricultural workers like Lorenzo and, as noted, none that addresses that issue for purposes of MCL 500.3163. In Soto v. Director, of the Mich. Dep't of Social Servs., 73 Mich.App. 263, 251 N.W.2d 292 (1977), the Department of Social Services denied the plaintiff's initial application for Aid to Dependent Children (ADC), because the plaintiff was not a resident of Michigan when he applied. Id. at 266, 251 N.W.2d 292. The plaintiff had traveled from Texas with his wife and three of his four children to pick fruit at a farm in Berrien County. Id. Because of an illness, the plaintiff was unable to continue working on the farm, and the family applied for ADC benefits. Id. The plaintiff and his family later decided to establish permanent residence here and his application for ADC benefits was ultimately granted. Id. at 266-267, 251 N.W.2d 292. The plaintiff nevertheless contested the first denial of benefits, but the trial court upheld the decision on the ground that the initial denial was supported by substantial evidence on the whole record. Id. at 267, 269, 251 N.W.2d 292. In reviewing the trial court's decision, this Court cited the Michigan Department of Social Services Assistance Payment Manual which relied on 45 CFR 233.40(a)(1)(2) for the definition of a "resident":
This Court observed that "[t]his definition also accords with the normal definition of residency used for other purposes in Michigan." Soto, 73 Mich.App. at 269, 251 N.W.2d 292. The Court affirmed the trial court's ruling that, when the plaintiff first applied for ADC benefits, he was not a Michigan resident because he had come to Michigan for the limited purpose of picking fruit during the harvest season, he maintained a home in Texas in which one of his children continued to live, he sent rent money to the landlord in Texas, he kept all of the family's furniture in Texas, he continued to make payments on a lot he was buying in Texas, he lived in temporary migrant housing on the farm in Michigan,
"[I]t has long been the law of this state that `[e]very person must have a domicile somewhere.'" People v. Dowdy, 489 Mich. 373, 385, 802 N.W.2d 239 (2011), quoting Beecher v. Common Council of Detroit, 114 Mich. 228, 230, 72 N.W. 206 (1897). As the Court in Beecher further opined:
Therefore, we cannot simply conclude that, because Lorenzo traveled a circuit of three states throughout the year, he has no domicile or place of residence. Moreover, no evidence was presented to show that Lorenzo had any fixed or permanent home outside the three states in which he worked during the picking seasons. Accordingly, we must consider the evidence presented and determine whether the trial court correctly concluded that, as a matter of law, Lorenzo's residence was in Florida. We hold that the trial court erred in this holding.
As discussed, Lorenzo purchased the North Carolina insurance policy while living in housing reserved for migrant workers on or near a farm in North Carolina, and he gave that address when he filled out his application. At the same time, he held, for several years, a driver's license issued by the state of Michigan. In determining his residence, the Workman and Dairyland factors only partially assist in our analysis. With regard to Lorenzo's intent, when he moved to Grand Rapids in early July 2009, Lorenzo had no intent to remain in Michigan permanently, but intended to make Grand Rapids his home until October. Thereafter, Lorenzo planned to continue, and did continue, to travel the same circuit between Michigan, Florida, and North Carolina, as he had done for several years. With the regularity of the blueberry and grape harvest seasons, Lorenzo stayed in Michigan, and intended to do so for the foreseeable future. Workman contemplates the formality of
Viewing the evidence under the Dairyland decision, we note that Lorenzo never had a bank account and, while in Michigan, he would cash his checks at a liquor store near the blueberry farm. He did not receive or pay bills at the address in Grand Rapids, but would pay the landlord in cash and used a cellular phone with a prepaid card. However, Lorenzo had no other address at which he received any mail or other documents. Lorenzo cannot read or speak English, so his son either signed the lease or helped him rent the apartment in Grand Rapids with Tienda, Gomez, and Castro. While Lorenzo generally stayed in migrant housing on or near the farms at which he worked — for example, in Teachey, North Carolina, in Dover or Plant City, Florida, and the address on his driver's license in Hartford, Michigan, — the apartment he rented in Grand Rapids was several miles away from the blueberry farm, and evidence showed it was not part of any housing provided by the farm at which he and the others were employed.
The trial court reasoned that Lorenzo's residence was in Florida at the time of the accident because he spent more time there, apparently because the strawberry season was longer and Lorenzo could continue his work there by clearing the fields after the harvest ended. But, under these facts, the duration of time Lorenzo lived in Florida is of little consequence, because he lived in temporary migrant housing there, fully intended to leave in May, had no documents linking him to Florida, and maintained no room or possessions there when he left. Further, although Lorenzo had a Michigan driver's license, he did not have any certification linking him to a Florida address or residency. The same could be said for North Carolina, where Lorenzo applied for auto insurance but lived in temporary migrant housing and never intended to "garage" his car for purposes of North Carolina policy coverage.
We find inapposite the trial court's comparison of Lorenzo to a professional baseball player who travels for games throughout the season. As noted, the trial court reasoned that, if these migrant workers changed their place of residency each time they moved, professional baseball players would also change residency each time they stayed in a new hotel room while on the road. As Integon points out, professional baseball players maintain permanent homes and do not carry with them all of their possessions when they play away games. We think Integon's analogy is more apt: "[I]f a journeyman ballplayer were traded regularly from one team to another, season after season, and even arriving at a new team's city with a full expectation that, following that season, he will be traded somewhere else, his state of residency undoubtedly would change each time he moved, unless he maintained a permanent home base throughout all the moves-which the persons involved in the case at bar did not." (Emphasis removed.) Indeed, when Lorenzo or, for that matter, Tienda and Gomez were asked where they would say they lived at the time of the accident, they each responded that they lived in Michigan or that their fixed address was in Michigan. Indeed, they could
It may appear that, given the nature of Lorenzo's itinerant lifestyle, his ties to Michigan appear as strong or as tenuous as his ties to North Carolina or Florida. However, under these unique facts, and for the reasons stated, we hold that, when the accident occurred on July 29, 2009, Lorenzo was a resident of Michigan as a matter of law. Accordingly, we hold that the trial court erred when it ruled that Lorenzo was a resident of Florida, and it erred by denying Integon's motion for summary disposition and granting summary disposition to Titan. Because Lorenzo was a Michigan resident when the accident occurred, Titan is the priority insurer responsible for the payment of no-fault benefits to plaintiffs. We also vacate the trial court's order awarding plaintiffs costs and fees under MCL 500.3148 for Integon's failure to pay plaintiffs' no-fault benefits. See Attard v. Citizens Ins. Co. of America, 237 Mich.App. 311, 317, 602 N.W.2d 633 (1999) (stating that "a delay is not unreasonable if it is based on a legitimate question of statutory construction, constitutional law, or factual uncertainty"). We remand for further proceedings to determine whether plaintiffs are otherwise entitled to fees or costs from Titan under the court's prior order that directed Titan to temporarily pay plaintiffs' no-fault benefits.
Reversed and remanded. We do not retain jurisdiction.
BOONSTRA, P.J., and HOEKSTRA, J., concurred with SAAD, J.