Plаintiff appeals as of right the trial court’s order granting defendant partial summaiy disposition pursuant to MCR 2.116(0(10). The trial court granted defendant’s motion after concluding that plaintiffs cause of action was barred under MCL 500.3135(2)(c), a provision of the no-fault act, because plaintiffs vehiclе was uninsured at the time defendant is alleged to have intentionally driven his vehicle into plaintiffs vehicle causing an accident that resulted in damages. For the reasons set forth in this opinion, we reverse the trial court’s order and remand for further proceedings consistent with this opinion.
I. FACTS AND PROCEDURAL HISTORY
On August 19, 2010, рlaintiff filed a complaint seeking to recover noneconomic damages
After plaintiff admitted in a response to an intеrrogatory that her vehicle was uninsured at the time of the incident, defendant moved for partial summary disposition. Resolution of defendant’s motion turned on the trial court’s application of MCL 500.3101(1) and MCL 500.3135, provisions of the no-fault act, MCL 500.3101 et seq. Specifically, MCL 500.3101(1) requires motorists to maintain no-fault insurаnce coverage on their vehicles whenever the vehicle is “driven or moved upon a highway.” MCL 500.3135 provides motorists a cause of action in tort for the recovery of noneconomic damages arising from an automobile accident as follows:
(1) A person remains subjеct to tort liability for noneconomic loss caused by his or her ownership, maintenance, or use of a motor vehicle only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement.
(2) For a cause of action for damages pursuant to subsection (1) filed on or after July 26, 1996, all of the following apply:
(c) Damages shall not be assessed in favor of a party who was operating his or her own vehicle at the time the injury occurred and did not have in effect for that motor vehicle the security required by [MCL 500.3101] at the time the injury occurred.
(3) Notwithstanding any оther provision of law, tort liability arising from the ownership, maintenance, or use within this state of a motor vehicle with respect to which the security required by [MCL 500.3101] was in effect is abolished except as to:
(a) Intentionally caused harm to persons or property....
(b) Damages for noneconomic loss as provided and limited in subsections (1) and (2). [Emphasis added.]
Defendant argued that because plaintiff did not maintain insurance on her vehicle at the time of the accident, as required under MCL 500.3101, plaintiff was precluded from recovering non-economic damages pursuant to MCL 500.3135(2)(c). Plaintiff responded, arguing that defendant did not have any tort immunity under the no-fault аct because defendant had intentionally caused her harm. Plaintiff further argued that although the no-fault act abolished tort liability in general, pursuant to MCL 500.3135(3)(a), the no-fault act did not abolish tort liability for damages arising from “intentionally caused harm to persons or property.” Plaintiff claimed that her cause of action did not arise under the no-fault act, but rather involved an
Following a hearing in which both parties reasserted their arguments, the trial court granted defendant’s motion for partial summary disposition. The trial court concluded that plaintiffs failure to maintain insurance coverage for her vehicle precluded her recovery of noneconomic damages under MCL 500.3135(2)(c). The court concluded, “you can’t bring an action - - any type of action on a motor vehicle . . . without having a security in place.” This appeal ensued.
II. STANDARD OF REVIEW
On appeal, plaintiff contends that the trial court erred in holding that her cause of action was barred under MCL 500.3135(2)(c) and erred in granting defendant’s motion for partial summary disposition on that basis.
We reviеw de novo a trial court’s ruling on a motion for summary disposition to determine if the moving party is entitled to judgment as a matter of law. Maiden v Rozwood, 461 Mich 109, 118; 597 NW2d 817 (1999). In reviewing a motion under MCR 2.116(0(10), we review the evidence submitted by the parties in a light most favorable to the nonmoving party to determine whether there is a genuine issue of material fact. Id. at 120. “A genuine issue of material fact exists when the record leaves open an issue on which reasonable minds could differ.” Bennett v Detroit Police Chief,
This case requires that we interpret and apply the applicable provisions of the no-fault act. The construction and application of a statute involves questions of law that we review de novo. Klooster v City of Charlevoix,
III. ANALYSIS
Apart from certain enumerated exceptions, the no-fault act “abolished tort liability for harm caused while owning, maintaining, or using a motor vehicle in Michigan.” American Alternative Ins Co, Inc v York,
(1) A person remains subject to tort liability for noneconomic loss caused by his or her ownership, maintenance, or use of a motor vehicle only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement.
(3) Notwithstanding any other provision of law, tort liability arising from the ownership, maintenance, or use within this state of a motor vehicle with respect to which the security required by [MCL 500.3101] was in effect is abolished except as to:
(a) Intentionally caused harm to persons or property....
(b) Damages for noneconomic loss as provided and limited in subsections (1) and (2). [Emphasis added.]
Although the Legislature included both the threshold exception and the intentional-act exception to general tort immunity in MCL 500.3135, subsection (2) of that section precludes an uninsured motorist from recovering noneconomic damages in relevant part as follows:
(2) For a cause of action for damages pursuant to [MCL 500.3135(1)] filed on or after July 26, 1996, all of the following apply:
(c) Damages shall not be assessed in favor of a party who was operating his or her own vehicle at the time the injury occurred and did not have in effect for that motor vehicle the security required by [MCL 500.3101] at the time the injury occurred.
The scope of this restriction is at issue in the present case. Specifically, defendant contends that MCL 500.3135(2)(c) precludes an uninsured motorist from recovering noneconomic damages arising from an automobile accident, irrespective of whethеr the plaintiffs action arises under the threshold exception, i.e., MCL 500.3135(1), or the intentional-act exception under MCL 500.3135(3)(a). Plaintiff, in contrast, argues that the uninsured-motorist restriction in MCL 500.3135(2)(c) is limited to claims that arise under the threshold exception, whereas claims to recover damages for intentionally caused harm involve tort claims that arise outside the no-fault act and are not limited by the uninsured-motorist restriction. Given these conflicting arguments, we proceed with a closer examination of the language of the applicable statutory provisions.
A plain rеading of the language in MCL 500.3135(2) indicates that the uninsured-motorist restriction is limited to claims arising under MCL 500.3135(1), i.e. the threshold exception. In particular, the first sentence of subsection (2) states, “For a cause of action for damages pursuant to subsection (1) , all of the following apply [.]” This language clearly limits the scоpe of subsection (2) to threshold claims arising under subsection (1). Specifically, the phrase “pursuant to” is defined in relevant part as “[i]n compliance with; in accordance with; under[;]... [a]s authorized by....” Black’s Law Dictionary (9th ed). See Risko v Grand Haven Charter Twp Zoning Bd of Appeals,
Moreover, the language in MCL 500.3135(3) indicates that the uninsured-motorist restriction in § 3135(2)(c) is inapplicable in instances in which a plaintiff files a claim to recover damages arising from intentionally caused harm. Specifically, MCL 500.3135(3)(a) provides: “[N]otwithstanding any other provision of law, tort liability... is abolished except as to ... [intentionally caused harm].” (emphasis added). This lаnguage is broad and unequivocal. “Notwithstanding” means “in spite of; without being opposed or prevented by[.]” Random House Webster’s College Dictionary (1997). Accordingly, pursuant to the explicit language of subsection (3), irrespective of or in spite of any other provision of law, including § 3135(2)(c) and other provisions of the no-fault act, tort liability remains in effect for intentionally caused harm. The no-fault act’s grant of immunity does not extend to tort liability arising from a defendant’s intentional conduct. As noted by our Supreme Court: “The Legislature, in speaking so clearly in § 3135(3), made unmistakable its intent to define where immunity was lost. As set out in the statute, the test is: was the harm intentionally caused.” American Alternative Ins Co,
Further, while § 3135(3)(b) provides that tort liability is abolished except as to “damages for noneconomic loss as provided and limited in [MCL 500.3135(1) and (2)],” that paragraph does not limit recovery of noneconomic damages that arise from intentionally caused harm. (Emphasis added.) As noted, § 3135(3)(a) strips a defendant of tort immunity for intentionally caused harm “notwithstanding any other provision of law.” There is no limiting language placed in this provision and there is no other language that indicates the Legislature intended the provision to be contingent on the uninsured-motorist restriction set forth in § 3135(2)(c). In addition, as previously discussed, the plain language of § 3135(2) indicates that the uninsured-motorist restriction is limited to claims arising under the threshold exception in § 3135(1). Accordingly, we decline to read a restriction into § 3135(3)(a) because it is not contained in the plain language of that portion of the statute. See Roberts v Mecosta Co Gen Hosp,
In sum, pursuant to the plain language of the statutory provisions at issue, we conclude that MCL 500.3135(2)(c) bars an uninsured motorist from recovering noneconomic damages for claims that arise under the threshold exception to tort immunity set forth in MCL 500.3135(1). In contrast, MCL 500.3135(2)(c) does not preсlude an uninsured motorist from recovering noneconomic damages arising from intentionally caused harm under MCL 500.3135(3)(a). Accordingly, in this case, the trial court erred when it concluded
Reversed and remanded for further proceedings consistent with this opinion. We do not retain jurisdiction. Plaintiff having prevailed, may tax costs pursuant to MCR 7.219.
Notes
The parties stipulated to dismiss plaintiffs claims for economic damages.