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Twichel v. Mic General Insurance Corp.5/31/2002
FOR PUBLICATION
In this action for declaratory relief, defendant appeals as of right from an order granting summary disposition to plaintiff and denying summary disposition to defendant. We affirm.
Plaintiff's decedent, Brady S. Sies, was killed in an automobile accident when he struck a disabled vehicle. At the time, the decedent was driving an uninsured pick-up truck. The decedent lived in the home of his grandfather, who was insured under an automobile insurance policy issued by defendant. Plaintiff alleged that, as a resident relative in the household of his grandfather, the decedent was entitled to coverage under the insurance policy issued by defendant.
Under the no-fault act, MCL 500.3101 et seq., a person is not entitled to personal injury protection (PIP) benefits for accidental bodily injury if, at the time of the accident, the person was the "owner" or "registrant" of a motor vehicle involved in the accident, for which insurance required under the Act was not in effect. MCL 500.3113(b). Defendant denied plaintiff's claim for PIP benefits on the basis of this statute, contending that the decedent was an "owner" of the uninsured pick-up truck involved in the accident. The trial court granted plaintiff's motion for summary disposition and denied defendant's cross-motion, finding that plaintiff was not an "owner" of the truck and, therefore, not excluded from receiving benefits under defendant's policy.
The term "owner" is defined in the no-fault act, as follows:
(g) "Owner" means any of the following:
(i) A person renting a motor vehicle or having the use thereof, under a lease or otherwise, for a period that is greater than 30 days.
(ii) A person who holds the legal title to a vehicle, other than 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.
(iii) A person who has the immediate right of possession of a motor vehicle under an installment sale contract. [MCL 500.3101(2)(g).]
More than one person can be considered the "owner" of a motor vehicle for purposes of MCL 500.3101(2)(g). See Integral Ins Co v Maersk Container Service Co, Inc, 206 Mich App 325, 332; 520 NW2d 656 (1994).
The primary goal of judicial interpretation of statutes is to ascertain and give effect to the intent of the Legislature through reasonable construction, in consideration of the purpose of the statute and the object sought to be accomplished. Frankenmuth Mutual Ins Co v Marlette Homes, Inc, 456 Mich 511, 515; 573 NW2d 611 (1998), citing Witherspoon v Guilford, 203 Mich App 240, 247; 511 NW2d 720 (1994). If the plain and ordinary meaning of a statute is clear and unambiguous, judicial construction is neither necessary nor permitted. Cherry Growers, Inc v Agricultural Marketing & Bargaining Bd, 240 Mich App 153, 166; 610 NW2d 613 (2000). However, " hen reasonable minds may differ with regard to the meaning of a statute, the courts must look to the object of the statute, the harm it is designed to remedy, and apply a reasonable construction that best accomplishes the purpose of the statute." Chop v Zielinski, 244 Mich App 677, 680; 624 NW2d 539 (2001). Furthermore, " tatutory language should be construed reasonably, keeping in mind the purpose of the statute." Draprop Corp v Ann Arbor, 247 Mich App 410, 415; 636 NW2d 787 (2001), quoting Rose Hill Center, Inc v Holly Twp, 224 Mich App 28, 32; 568 NW2d 332 (1997).
In his deposition, Matthew Roach testified that he sold the vehicle to the decedent on November 12, 1998. O
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