Sylvester v. FCCI Ins. Co.
Sylvester v. FCCI Ins. Co.
Opinion of the Court
Plaintiff Kevin Sylvester was working at a construction site in Detroit, Michigan when a thief attempted to steal his employer's tool truck. Sylvester was run over while attempting to prevent the theft. Seeking to recover for his injuries, he has sued defendant FCCI Insurance Company, which issued a commercial vehicle insurance policy to Sylvester's employer, invoking the uninsured motorist coverage endorsement in that policy. FCCI insists that its policy does not cover his loss. The parties have filed cross motions for summary judgment, focusing on the uninsured motorist provisions of the policy. Sylvester suffered his injuries in an accident while occupying his employer's tool truck, and therefore he was an "insured person" under the policy. And the truck qualified as an "uninsured motor vehicle," based on the policy's precise definition of that term, when FCCI declined Sylvester's bodily injury claim. The Court will grant Sylvester's motion for partial summary judgment and deny FCCI's motion.
I. Facts
A. The Accident
The parties do not dispute the basic facts.
*859Kevin Sylvester worked for non-party Springline Excavating, LLC as a heavy equipment operator. On the day of his injury, August 15, 2017, Sylvester was working at a job site near the intersection of I-75 and Mack Avenue in Detroit, on a project known as the "Velodrome." Around 1:15 p.m., Sylvester was on his lunch break with several co-workers, seated near a Ford F-450 tool truck owned by Springline. Some tools carried in the truck were on the ground next to the vehicle, and the keys were in the ignition. Sylvester and two co-workers noticed two unidentified men who approached the truck, tossed some of the nearby tools into the back of it, and climbed into the cab. Sylvester and his co-workers jumped up and approached the truck, intending to remove the keys and foil the getaway of the would-be thieves.
Sylvester testified that he ran toward the truck, initially hoping that the men would flee after realizing that there were witnesses to the crime in progress. Undeterred, the men instead entered the cab of the truck, and one of them tried to start the engine. As Sylvester reached the driver side door of the truck, he put one foot up on the running board, with one hand holding onto the door's armrest, propping the door open as he reached into the cab of the truck with his other arm, trying to snatch the keys. At that point, Sylvester had an elbow on the armrest, both of his feet were on the running board, and he was "reaching all the way in, reaching for the key." The thief, meanwhile, according to Sylvester, was "just trying to kind of push my arms away, trying to keep me from - he wasn't trying to hurt me or anything like that, he was just trying to keep my arm from getting in there."
Sylvester was still hanging onto the side of the truck, trying to get the keys away, when one of the thieves succeeded in starting the engine and shifting the truck into drive. Sylvester was still clinging to the side of the truck, reaching into the cab, when the truck lurched forward and "took off fast." As the truck sped up, Sylvester lost his grip on the door and "slipped off" the running board. He remembered "falling backwards" and "getting hit by the truck." The next thing he recalled was waking up in the hospital. When Sylvester fell to the ground, the rear wheels of the truck ran over his legs, causing severe injuries from which he still has not entirely recovered.
B. The Policy
FCCI admits that it issued a commercial vehicle insurance policy that covered the tool truck. The policy contained an endorsement for "Michigan Uninsured Motorists Coverage," which begins as follows:
We will pay all sums the "Insured" is legally entitled to recover as compensatory damages from the owner or driver of an "uninsured motor vehicle". The damages must result from "bodily injury" sustained by the "insured" caused by an "accident". The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the "uninsured motor vehicle".
The policy defined some of the terms in the policy and this endorsement. "Insured" includes any named policy holder and "[a]nyone else 'occupying' a covered 'auto.' " The term " 'occupying' means in, upon, getting in, on, out or off." The term " 'uninsured motor vehicle' means a land motor vehicle ... for which an insuring or bonding company denies coverage." The principal policy only obliquely alludes to the term "accident," via the following less-than-exhaustive recitation: " 'Accident' includes continuous or repeated exposure to the same conditions resulting in 'bodily injury' or 'property damage.' " The defendant admits that the plaintiff's injuries *860meet the policy's definition of "bodily injury."
C. The Claim
It appears that Sylvester's only recourse for recovering non-economic damages is the FCCI policy issued to his employer. He filed a worker's compensation claim and recovered his economic damages only. FCCI asserts - and Sylvester does not dispute - that Sylvester did not elect uninsured motorist coverage under his personal automobile insurance policy, and his own insurer has not provided any coverage for his injuries.
Sylvester submitted a claim for uninsured motorist benefits under the FCCI policy on November 1, 2017. On December 4, 2017, FCCI responded with a letter denying the claim because (1) the injuries did not result from an "accident," but instead from intentional acts by the persons who stole the truck; (2) Sylvester was not "occupying" the truck when he fell off of it and was injured; and (3) the truck was not an "uninsured motor vehicle."
Sylvester then sought to recover for bodily injuries under any other provision of the policy. FCCI responded that no other coverage was available, referring specifically to exclusions for worker's compensation, employee indemnification, and employer's liability.
D. Procedural History
After FCCI denied his claim, Sylvester filed a complaint against it in the Wayne County, Michigan circuit court. FCCI removed the case to this Court invoking diversity jurisdiction. After discovery closed, the parties filed cross motions for summary judgment. They each have filed responses and replies to the respective submissions, and the matter is fully briefed.
II. Discussion
The fact that the parties have filed cross motions does not automatically justify the conclusion that there are no facts in dispute. Parks v. LaFace Records ,
Summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). When reviewing the motion record, "[t]he court must view the evidence and draw all reasonable inferences in favor of the non-moving party, and determine 'whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.' " Alexander v. CareSource ,
Here, though, the parties have not seriously contested the basic facts of the case. Where the material facts are mostly settled, and the question before the court is purely a legal one, the summary judgment procedure is well suited for resolution of *861the case. See Cincom Sys., Inc. v. Novelis Corp. ,
This case is here under the Court's diversity jurisdiction, so the Court must "apply the same law that [the] state courts would apply." Auburn Sales, Inc. v. Cypros Trading & Shipping, Inc. ,
Each side argues that it is entitled to judgment in its favor as a matter of law. FCCI argues that it has no obligation to pay Sylvester's non-economic damages under the uninsured motorist endorsement for the same reasons it advanced in its denial letter: the injury did not result from an "accident"; Sylvester was not "occupying" the truck at the time; and the truck was not an "uninsured vehicle." Sylvester contends that all of these terms must be read to favor coverage.
These issues require the Court to interpret the insurance policy. Because "[i]nsurance policies are contracts," traditional contract rules of construction apply. Henry Ford Health System v. Everest National Insurance Co. , No. 341563, --- N.W.2d ----, ----,
Uninsured motorist coverage is not mandated by Michigan's no-fault insurance law; it is optional coverage. Michigan courts therefore construe those endorsements "without reference to the no-fault act." Titan ,
There is one other "basic principle of contract law," Comerica Bank v. Cohen ,
A. "Accident"
The policy does not fully define the term "accident." The only definitional reference to the term describes "continuous or repeated exposure to the same conditions" causing injury or damage, which has nothing to do with the circumstances of this case. When a specific definition is not found in the policy, Michigan courts have defined accident to mean "an undesigned contingency, a casualty, a happening by chance, something out of the usual course of things, unusual, fortuitous, not anticipated, and not naturally to be expected." Hawkeye-Security Insurance Co. v. Vector Construction Co. ,
Michigan courts also have explained that an occurrence is accidental unless both the conduct that caused the injury and the injury itself were intended by the actor. As a general rule, "intentionality is evaluated from the standpoint of the insured, not the injured party." Allstate Ins. Co. v. McCarn ,
If an insured intended both an act and its consequence, courts will find no "accident." "On the other hand, if the act was intended by the insured, but the consequences were not, the act does constitute an accident, unless the intended act created a direct risk of harm from which the consequences should reasonably have been expected by the insured." McCarn ,
In this case, Sylvester's testimony certainly suggests that he did not intend to be run over by the truck, or even to put himself at serious risk of such an injury. Sylvester testified that his initial hope, which motivated a confrontation that lasted mere seconds, was that the thieves would flee as soon as they realized they were spotted. Failing that, Sylvester hoped to foil their flight by merely snatching the keys from the ignition of the truck, which obviously would have prevented the movement that resulted in his injury. Sylvester and the other witnesses testified that the thieves never threatened or took any aggressive actions toward them, and when Sylvester was hanging onto the truck the driver merely attempted to push his arm away to stop him taking the keys. There are no other contrary facts. The injury resulted when the truck suddenly lurched forward, to Sylvester's surprise. If the plan had gone as he intended, the truck never would have moved; thus, he had no reason immediately to foresee that by attempting to immobilize the vehicle he would in fact be run over by it.
Similarly, the record supports the conclusion that the unknown driver also did *863not intend to injure Sylvester, but merely was attempting to evade his grasp and escape with the truck. The facts here contrast sharply with cases where Michigan courts have concluded that no "accident" occurred because a tortfeasor engaged in a personal or vehicular assault on the victim, intended to cause him harm, for instance, where another driver physically assaulted the insured after a minor accident. See Morosini v. Citizens Insurance Co. of America ,
The mere fact that a dangerous instrumentality was set into motion also is not sufficient to show that either Sylvester or the thief intended an injury. There is no evidence that either of them subjectively predicted or intended that Sylvester would fall beneath the wheels of the truck after he lost his footing. Even conduct by an insured as foolhardy as pointing a gun at another person's face and pulling the trigger, believing (incorrectly) that the gun was unloaded, has been found to be unintentional, and the resulting fatality "accidental," where the insured assumed that the gun would not fire. See McCarn ,
The occurrence here was an "accident" within the meaning of the uninsured motorist endorsement.
B. "Occupying"
The FCCI insurance policy was purchased by Sylvester's employer. But Sylvester would enjoy the status as a "named insured" under that policy if he was "occupying" a "covered auto" at the time of his injury.
According to the policy definition, Sylvester was "occupying" the truck as he was clinging to the side, with both feet on the running board, and one arm holding the driver side door open and propping himself up, while he leaned into the cab with his torso and arms attempting to retrieve the keys. That circumstance amounts to "occupancy" whether Sylvester is regarded as being (partly) "in" the truck, "upon" the side of it, including the running board, or in the process of "getting in, on, out or off" of the vehicle. The Sixth Circuit reached the same conclusion in a case where the plaintiff was injured while clinging to the hood of a Ford Fusion. Bennett v. State Farm Mutual Automobile Insurance Co. ,
The policy here does not specifically define the terms "on" or "upon," but their ordinary meanings embrace the facts of this case. Merriam-Webster defines "upon" as a synonym for "on," which is construed variously to denote being "in contact with an outer surface" or "in close proximity with," as well as to designate "a source of attachment or support" or "means of conveyance." The relationship of the plaintiff and the truck in this case sensibly comports *864with any or all of those constructions. Merriam-Webster's Dictionary, https://www.merriam-webster.com/dictionary/on (definition of "on").
For the purpose of the uninsured motorist endorsement, Sylvester's injury resulted from his occupancy of the truck. And he is a named insured under the FCCI policy, including the uninsured motorist endorsement.
C. "Uninsured Motor Vehicle"
This element of the contract presents a closer question. To prevail under the endorsement, Sylvester must show that his damages "result[ed] from the ownership, maintenance or use of [an] 'uninsured motor vehicle.' " Although the tool truck was insured under FCCI's commercial vehicle insurance policy, Sylvester says that it actually qualifies as an "uninsured motor vehicle" under the endorsement's definition of that term. An "uninsured motor vehicle" under the FCCI policy is "a land motor vehicle ... for which an insuring or bonding company denies coverage." Sylvester reasons that the tool truck fits that definition because FCCI denied his claim for bodily injury coverage for the damages caused by the thief when he drove the truck over Sylvester's legs.
Sylvester's argument is based on a rather unremarkable proposition under Michigan law: a motor vehicle covered by an insurance policy nonetheless can be an uninsured vehicle if it is driven by an individual who is not a covered driver. See Allstate Ins. Co. v. Detroit Auto. Inter-Ins. Exch. ,
Here, Sylvester submitted a bodily injury claim to FCCI for injuries caused by the thief's operation of tool truck, which FCCI insured. Because the thief manifestly was not operating the truck with the permission of the owner, he was not an "insured" subject to the policy's liability indemnification provisions. Because the thief was not a covered driver, FCCI denied coverage for the damage caused by the operation of that vehicle. That was not the expressed reason FCCI denied the bodily injury claim. But the policy's definition of who is insured under the "Covered Autos Liability Coverage" section certainly supports that conclusion, and FCCI agrees. So for the purpose of this accident and this driver, FCCI denied coverage for this "land motor vehicle." That action satisfies the definition of "uninsured motor vehicle" in FCCI's uninsured motorist endorsement.
Citing Scott v. Farmers Insurance Exchange ,
FCCI also relies on Hafner v. Detroit Automobile Inter-Insurance Exchange ,
Addressing that point, FCCI cites Seymour v. Lakewood Hills Ass'n ,
The Seymour court's construction of the Missouri statute is the interpretation FCCI urges this Court to apply to its uninsured motorist endorsement. And if the endorsement defined "uninsured vehicle" to exclude the insured's own vehicle, that construction would be warranted here. Other policies have done just that. See Jarrell v. Detroit Auto. Inter-Ins. Exch. ,
There is some tension in the policy language here, because it defines an uninsured vehicle in the body of an endorsement entitled "Uninsured Motorist Coverage." But that inconsistency is addressed by the policy definitions, under which FCCI would not insure a "covered auto" that was not used "with ... permission," and where FCCI defined an "uninsured motor vehicle" as "a land motor vehicle ... for which an insuring or bonding company denies coverage." If the driver of the vehicle is not a covered driver, then the insurer rightfully may deny coverage for that vehicle, and for that purpose the vehicle is uninsured.
As noted above, that is not a novel proposition. The twist in this case, however, is that the coverage denial is for the same vehicle whose insurance includes an uninsured motorist endorsement. That endorsement contains its own definition of who is an "insured"; "[a]nyone ... 'occupying' " the vehicle is included. The confluence of these definitions could lead to unusual results, as is evident here. Hypothetically, the thief's confederate, if injured as a passenger in a post-theft collision due to the driver's negligence, might even be included. But the Court's task is to follow the policy language where it leads, not to rescue the defendant from its drafting choices.
FCCI suggests that adopting Sylvester's interpretation of the uninsured motorist definition would lead to the absurd result that the tool truck would be both insured and uninsured at the same time. But "[w]hether a vehicle is 'uninsured' as the term is colloquially used is irrelevant where the term is defined within the contract." Collins v. Nat'l Gen. Ins. Co. ,
Just as the court's idiosyncratic but clear definition of "UIM Policy" controls the meaning of the court's prior order, so too the definition of an "uninsured motor vehicle" in Defendant's contract prevails over what might be more common usage of the term. A vehicle can indeed be both insured and uninsured at once. The apparent contradiction may seem to describe a sort of Schrödinger's insurance coverage, but the court lacks authority to redefine the unambiguous terms of a valid contract.
The interpretation of the term "uninsured motor vehicle" does not require resort to quantum mechanics or the elegant thought experiments posed by physicist Erwin Schrödinger and the fate of his cat.
*867Instead, the Court applies the policy definitions, which are unambiguous, and which lead to the conclusion that Sylvester's injuries "result[ed] from the ownership, maintenance or use of the "uninsured motor vehicle."
III. Conclusion
The parties' motions and responses setting forth the issues and arguments were augmented by oral argument held on January 3, 2019. The terms of the uninsured motorist endorsement are unambiguous and can be interpreted by the Court on the motions for summary judgment. Because coverage under that endorsement does extend to the loss claimed by plaintiff Kevin Sylvester, he is entitled to a judgment in his favor as a matter of law on the issue of coverage.
Accordingly, it is ORDERED that the defendant's motion for summary judgment (ECF No. 17 ) is DENIED , and the plaintiff's motion for partial summary judgment (ECF No. 16 ) is GRANTED .
It is further ORDERED that the parties appear for a status conference on February 4, 2019 at 9:00 a.m. to discuss further case management issues.
Reference
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- Kevin SYLVESTER v. FCCI INSURANCE COMPANY
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