If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN COURT OF APPEALS

MCKENNA FROWNFELTER, UNPUBLISHED February 24, 2025 Plaintiff-Appellant, 11:42 AM v No. 366118 Oakland Circuit Court LC No. 2020-184089-NF ESURANCE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant/Third-Party Plaintiff- Appellee, and

PROGRESSIVE MICHIGAN INSURANCE COMPANY, FARMERS INSURANCE COMPANY, and AUTO-OWNERS INSURANCE COMPANY, Third-Party Defendants-Appellees.

MCKENNA FROWNFELTER, Plaintiff-Appellant, v No. 366120 Oakland Circuit Court COREY FROWNFELTER, AUTO-OWNERS LC No. 2022-192235-NI INSURANCE COMPANY, and ESURANCE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendants-Appellees.

-1- Before: LETICA, P.J., and GARRETT and FEENEY, JJ.

LETICA, P.J. (concurring).

I concur in Docket No. 366118. And, in Docket No. 366120, I agree that the term “resident” in the family step-down provision of the Esurance policy is unambiguous. I further agree that plaintiff was a resident of Frownfelter’s household because she was Frownfelter’s daughter and lived in Frownfelter’s home with him on the date of the motor-vehicle accident. I write separately to address plaintiff’s contention that Frownfelter’s failure to “list[]” plaintiff as a resident on his application for insurance, contrary to language instructing him to identify “all members of your household 14 years . . . or older” in his application, created an ambiguity as to the meaning of “resident” in the policy. Initially, I note that “an insurer has a reasonable right to expect honesty in the application for insurance[.]” Bazzi v Sentinel Ins Co, 502 Mich 390, 407; 919 NW2d 20 (2018). Second, contracts require “mutuality of agreement.” Hess v Canton Twp, 265 Mich App 582, 592; 696 NW2d 742 (2005). Third, the failure to list resident relatives in an application for no-fault insurance may result in rescission of the policy when an innocent third- party is injured. Pioneer State Mut Ins Co v Wright, 331 Mich App 396, 401; 952 NW2d 586 (2020). And, even though the plaintiff-applicant’s misrepresentation is innocent, it will result in rescission when the plaintiff-applicant is the injured party and the insurer would have raised the plaintiff-applicant’s premium if the correct number of relatives had been disclosed. Sherman v Progressive Mich Ins Co (On Reconsideration), ___ Mich App ___; ___ NW3d ___ (2024). In this case, because Frownfelter failed to list plaintiff, who was over 14, as instructed in his application for no-fault insurance, Esurance was unaware of her existence. Thus, there could not have been a mutuality of agreement, Hess, 265 Mich App at 592, and I cannot accept plaintiff’s contention that Esurance agreed to exclude plaintiff from being a resident or that it should be estopped from asserting that she was a resident of Frownfelter’s household.

/s/ Anica Letica

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