828 N.W.2d 678
Mich.2013Background
- Michigan Supreme Court vacated the Court of Appeals' December 13, 2011 judgment and remanded to Wayne Circuit Court for further proceedings.
- Court held that the Court of Appeals erred by not recognizing that Frazier v Allstate Ins Co (2011) effectively disavowed Miller v Auto-Owners Ins Co (1981) and Gunsell v Ryan (1999) to the extent inconsistent with Frazier.
- Question presented: whether the tailgate of the plaintiff's dump trailer qualifies as 'equipment permanently mounted on the vehicle' under MCL 500.3106(1)(b).
- On remand, the circuit court may expand the evidentiary record to determine if the tailgate is such equipment or, if not, whether it is an article mounted on the vehicle used for a specific purpose.
- Dissent (Cavanagh, J.) disputes remand, arguing Frazier should define 'equipment' more narrowly and that the two-step remand approach risks narrowing the definition of 'equipment' under the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Frazier v Allstate insulate the 'equipment' definition from Miller and Gunsell? | Lefevres argues Frazier disavows Miller/Gunsell as inconsistent. | State Farm argues Frazier governs, clarifying 'equipment' scope within MCL 500.3106(1)(b). | Remand contingent on Frazier interpretation; no final resolution yet. |
| Whether the tailgate is 'equipment permanently mounted' under MCL 500.3106(1)(b). | Tailgate could be equipment or a mounted article used for a specific purpose. | Need evidentiary record to determine mounting/equipment status. | Remand to allow expanded record and consideration of tailgate status. |
Key Cases Cited
- Frazier v Allstate Ins Co, 490 Mich. 381 (2011) (conclusion that vehicle parts are not 'equipment' for MCL 500.3106(1)(b))
- Miller v Auto-Owners Ins Co, 411 Mich. 633 (1981) (definition of 'equipment' narrower than vehicle; outer bounds analyzed)
- Gunsell v Ryan, 236 Mich. App. 204 (1999) (discussed MCL 500.3106(1)(b) scope as contextualized in Frazier)
- Ile v Foremost Ins Co, 493 Mich. 915 (2012) (dissent referenced regarding interpretation of remand and statutory terms)