FREMONT MUTUAL INSUR CO V DEAN NAFFZIEGER
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STATE OF MICHIGAN
COURT OF APPEALS
FREMONT MUTUAL INSURANCE COMPANY,
UNPUBLISHED
October 9, 1998
Plaintiff-Appellee,
v
No. 203073
Ionia Circuit Court
LC No. 96-017558 CK
DEAN NAFFZIEGER,
Defendant,
and
CHERYL VALADEZ, Personal Representative
of the Estate of RICHARD MILLER,
Defendant-Appellant.
Before: Cavanagh, P.J., and Murphy and White, JJ.
PER CURIAM.
Defendant Cheryl Valadez, as personal representative of the estate of Richard Miller, appeals
as of right from the trial court order granting plaintiff Fremont Mutual Insurance Company’s motion for
summary disposition pursuant to MCR 2.116(C)(10). We reverse.
Plaintiff had issued a policy to Hendricks denying coverage to “residents of your household who
are . . . persons under the age of 21 and in the care of any person named above.” Evidence presented
to the trial court indicated that Miller spent the majority of his time at Hendricks’ house, although he had
a bed and clothing at the Valadez home and occasionally stayed there. There was no evidence that
Miller changed his legal residence to Hendricks’ house. The trial court found that Miller was a
“resident” of Linda Hendricks’ household and “in the care of” Hendricks.
After the circuit court’s ruling on the motion, this Court decided Vanguard Ins Co v Racine,
224 Mich App 229; 568 NW2d 156 (1997), which is controlling. Applying Vanguard, we conclude
that the trial court erred. The general rule is that, unless the language of an insurance policy
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unambiguously so requires, a policy should not be construed to defeat coverage. Id. at 232. The term
“residents” in plaintiff’s policy presents an ambiguity under the facts of the case. Cf. id. at 233-234.
Accordingly, the trial court erred in granting plaintiff’s motion for summary disposition.
Reversed.
/s/ Mark J. Cavanagh
/s/ William B. Murphy
/s/ Helene N. White
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