WILDER, P.J.
In this action for survivor's loss benefits under the no-fault act, MCL 500.3101 et seq., our Supreme Court remanded the case to this Court for consideration as if on leave granted.
Plaintiff seeks payment of survivors' loss benefits from defendant as the widower of Stephanie Stone, who died in an automobile accident in October 2010 while driving a 2002 Ford Taurus, which she had owned and registered. Neither plaintiff nor Stephanie obtained an insurance policy with defendant, or any other insurer, for the Taurus. However, in August 2010, plaintiff's parents, John and Linda Stone, added Stephanie's Taurus to their existing no-fault policy with defendant. Plaintiff and Stephanie had been listed as drivers under that policy since 2008. After the 2010 addition of Stephanie's Taurus, the policy continued to list "John & Linda Stone" as the "insured."
The Morris W. Smith Insurance Agency (Morris Smith) facilitated the addition of Stephanie's Taurus to the policy on Linda's behalf. Linda and Tina Abbey, the owner of Morris Smith, were each deposed. Linda said she had told an agent at Morris Smith over the phone that Stephanie owned the Taurus and was not living with her and John. According to Linda, she thought she would be receiving a new policy in plaintiff's and Stephanie's names, and she paid defendant a six-month premium to cover Stephanie's vehicle, which defendant accepted. She acknowledged, however, that she received a copy of the policy listing only "John & Linda Stone" as the "insured" and delivered a copy to plaintiff. Abbey averred that, on the basis of her review of the agency's activity notes, it was fair to say that when the Taurus was added to John and Linda's policy, no one at the agency was aware that it was owned by anyone other than John or Linda.
Following a hearing, the trial court denied defendant's motion for summary disposition on the basis that defendant had accepted premiums from John and Linda and knew that Stephanie did not live with them. The trial court later denied defendant's motion for reconsideration.
Defendant argues that the trial court erred by denying its motion for summary disposition because Stephanie would not have been entitled to no-fault benefits under MCL 500.3114. This Court reviews de
As this Court stated in Maple Grove Twp. v. Misteguay Creek Intercounty Drain Bd., 298 Mich.App. 200, 206-207, 828 N.W.2d 459 (2012):
And as our Supreme Court stated in Koontz v. Ameritech Servs., Inc., 466 Mich. 304, 312, 645 N.W.2d 34 (2002):
"Insurance policies are contracts and, in the absence of an applicable statute, are `subject to the same contract construction principles that apply to any other species of contract.'" Hyten, 491 Mich. at 554, 817 N.W.2d 562 (citation omitted). "The primary goal in the construction or interpretation of any contract is to honor the intent of the parties," Klapp v. United Ins. Group Agency, Inc., 468 Mich. 459, 473, 663 N.W.2d 447 (2003),
MCL 500.3114(1) provides in relevant part as follows:
Rather, plaintiff argues that he is entitled to survivors' loss benefits under MCL 500.3114(4), which allows vehicle occupants to claim benefits from the insurer of a vehicle's owner, registrant, or operator:
Our Supreme Court discussed the scope of coverage under MCL 500.3114 in Belcher v. Aetna Cas. & Surety Co., 409 Mich. 231, 251-253, 293 N.W.2d 594 (1980):
MCL 500.3114(4) applies when the injured person is not covered by his or her own insurance or the insurance of a relative domiciled in the same household under MCL 500.3114(1) and permits the injured person to seek benefits from the no-fault
This Court has held that even if the owner, registrant, or operator of a vehicle is not a named insured under a policy, the named insured's insurer may also constitute an "insurer" of the owner, registrant, or operator under MCL 500.3114(4) if the policy expands the definition of "insured person" beyond the named insured so that it includes those persons. See Dobbelaere v. Auto-Owners Ins. Co., 275 Mich.App. 527, 532-533, 740 N.W.2d 503 (2007) ("[T]his Court has held that whether the issuer of a no-fault insurance policy is the `insurer' of a household member or family member for purposes of MCL 500.3114(4) `depends on the language of the relevant insurance policy.'"), quoting Amerisure Ins. Co. v. Coleman, 274 Mich.App. 432, 436 n. 1, 733 N.W.2d 93 (2007). The policy at issue here names "John & Linda Stone" as the "insured," and plaintiff does not identify any policy language expanding the meaning of "insured" to include Stephanie.
In Coleman, 274 Mich.App. at 435, 733 N.W.2d 93, the Court used Black's Law Dictionary (7th ed.) to define "insurer" as one "who agrees, by contract, to assume the risk of another's loss and to compensate for that loss." (Quotation marks omitted.) The Court then held that the insurer of the named insured was also an insurer of the named insured's family member because the policy stated that the insurer agreed to insure the named insured and a spouse residing in the same household and also defined "insured" as including "[y]ou or any family member." Coleman, 274 Mich.App. at 436, 733 N.W.2d 93 (quotation marks omitted).
But when a policy only provides for a named insured and does not extend coverage to other persons, the insurer is only an "insurer" of the named insured. See id. at 437-438, 733 N.W.2d 93; Amerisure Ins. Co. v. Auto-Owners Ins. Co., 262 Mich.App. 10, 15, 684 N.W.2d 391 (2004) (holding that a named insured's insurer was not an insurer of the vehicle's owner and operator under MCL 500.3114(4) when the policy did not expand the definition of "insured" to include the vehicle's owner or operator). This is true even if the vehicle's owner, registrant, or operator could derivatively obtain no-fault benefits under MCL 500.3114(1) through a third person's policy. In Dobbelaere, 275 Mich.App. at 531-532, 740 N.W.2d 503, the plaintiff was injured as an occupant of a vehicle being driven by its owner, and the vehicle's owner was entitled to benefits under MCL 500.3114(1) through a no-fault policy issued to the vehicle owner's resident relative. Nevertheless, the Court held that the named insured's insurer was not the insurer of the vehicle owner under MCL 500.3114(4) because the owner was not a named insured under the policy. Id. at 534, 740 N.W.2d 503. In so ruling, the Court stated that unlike the policy at issue in Coleman, the relevant policy did not define who was an insured and its plain language did not indicate any intent by either contracting party to render the vehicle owner a contractual insured. Id.
Similarly, there is no dispute here that neither Stephanie nor plaintiff was a named insured in the policy at issue. Again, plaintiff does not identify any policy language evidencing the intent of either contractual party to have plaintiff or Stephanie included as a contractual insured. Further, plaintiff's argument that defendant bears the burden of demonstrating
Last, plaintiff argues that this Court should ignore the plain language of John and Linda Stone's policy and permit plaintiff to recover benefits on Stephanie's behalf because (1) Linda requested a new policy in Stephanie's name, (2) Linda thought she was receiving such a policy given her conversation with her insurance agent, and (3) Linda paid defendant premiums for such a policy, which defendant accepted while knowing that Stephanie did not live with John or Linda. But in his complaint and response to defendant's motion for summary disposition, plaintiff did not allege or argue that defendant should be estopped from enforcing the plain language of the policy or that the policy contained a latent ambiguity, and he did not request that the policy be reformed to comport with the contracting parties' true intent. Thus, the legal basis for plaintiff's requested relief and the trial court's decision is unclear, as plaintiff has failed to cite or rely on any legal theory apart from MCL 500.3114(4). For this reason alone, defendant was entitled to judgment as a matter of law under MCR 2.116(C)(8) and (10) with respect to this portion of plaintiff's argument.
In any event, "a policyholder cannot be said to have reasonably expected something different from the clear language of the contract," and "courts are to enforce [an] agreement as written absent some highly unusual circumstance, such as a contract in violation of law or public policy," which plaintiff does not allege in this case. Wilkie v. Auto-Owners Ins. Co., 469 Mich. 41, 51, 62, 664 N.W.2d 776 (2003) "[I]f there is more than one way to reasonably interpret a contract, i.e., the contract is ambiguous, and one of these interpretations is in accord with the reasonable expectations of the insured, this interpretation should prevail," id. at 60, 664 N.W.2d 776, but again, plaintiff did not argue that the policy here is ambiguous — either patently or latently. Further, because neither plaintiff nor Stephanie was a party to the contract between John, Linda, and defendant, plaintiff cannot obtain reformation of that contract. Mate v. Wolverine Mut. Ins. Co., 233 Mich.App. 14, 25, 592 N.W.2d 379 (1998); Harwood v. Auto-Owners Ins. Co., 211 Mich.App. 249, 253-254, 535 N.W.2d 207 (1995).
Further,
As defendant points out, there is no evidence that defendant made any representation to Stephanie or plaintiff, who is the "other party" in this case. Whatever representations
We vacate the trial court's order denying defendant's motion for summary disposition and remand for entry of an order granting the motion. We do not retain jurisdiction. Defendant, as the prevailing party, may tax costs pursuant to MCR 7.219.
SAAD and KIRSTEN FRANK KELLY, JJ., concurred with WILDER, P.J.