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Kief v. Universal Underwriters Insurance Co.11/19/2002
UNPUBLISHED
Defendant Universal Underwriters Insurance Company appeals as of right the order granting plaintiff Harry Kief's motion for partial summary disposition and denying defendant's counter-motion for summary disposition. We affirm.
Plaintiff is the president, sole shareholder, and employee of Dearborn Total Automotive, Inc., ("DTA") a closely held corporation. DTA's primary business is automotive and truck repairs. In March 1998 plaintiff purchased an insurance policy from defendant that was entitled, "Unicover." Among others coverages, the policy included uninsured and underinsured motorists coverage. The original policy covered several of plaintiff's personal vehicles.
When the policy was renewed in March 2000, the only personal vehicles covered by the policy were plaintiff's 1998 Lincoln Navigator and employee Jerry Asciones's 1998 Lincoln Continental. These vehicles were used for both personal and business purposes. Plaintiff alleged that defendant's agent assured him that he was fully covered for personal and business automotive insurance, including uninsured motorist coverage.
James Scott, a customer of DTA, brought his wrecker truck in for repair. On May 10, 2000, he returned to pick up his vehicle with a co-worker, William Patterson. The wrecker was situated in a work-bay facing in toward the wall. Plaintiff was standing between the wall and the front end of the vehicle as Patterson attempted to start the vehicle's engine. The standard transmission had been left in gear, and when Patterson turned the ignition key the vehicle lurched forward and pinned plaintiff against the wall, resulting in injuries that give rise to this suit. It is undisputed that plaintiff was acting in the course of his employment. It is also undisputed that Scott had no insurance policy in place with respect to the wrecker truck.
Because the wrecker truck was uninsured, plaintiff claimed uninsured motorist and PIP benefits under defendant's policy. On August 2, 2000, defendant denied plaintiff's PIP claim, stating in pertinent part:
ur policy is issued to Dearborn Total Automotive, Inc. Mr. Kief is named in the policy strictly for his ownership interest in the building located at 28818 Ford Road, Garden City, MI 48135. The vehicles owned by or leased to Mr. Kief were removed from the policy on April 5, 2000.
Plaintiff thereafter submitted a PIP claim to the Michigan Assigned Claims Facility. The Facility determined that no other insurance was available, see MCL 500.3172, and assigned plaintiff's claim to Amerisure Insurance Company. Amerisure denied plaintiff's claim, asserting that defendant was obligated to provide plaintiff PIP coverage for this accident.
On October 20, 2000, plaintiff filed a complaint against defendant requesting a declaratory judgment that defendant's policy provided uninsured motorist and no-fault personal injury protection (PIP) coverage for the accident. Plaintiff also pled claims for breach of contract, violation of the no-fault act, fraud, and misrepresentation, and violation of the Consumer Protection Act. This case was assigned to Judge Susan Borman.
After Amerisure denied plaintiff's claims for PIP benefits, plaintiff filed a complaint against Amerisure. This case was also assigned to Judge Borman. Amerisure moved for summary disposition on the ground that defendant was liable to plaintiff for no-fault PIP benefits under both MCL 500.3114 and defendant's insurance policy.
The declaration sheet for the 2000-2001 lists plaintiff as a named insured for "individual" insurance and lists the 1998 Lincoln Navigator as a covered vehicle. Plaintiff moved for partial s
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