Henderson v. State Farm Fire and Cas. Co., 596 NW 2d 190 - Mich: Supreme Court 1999
Jan 01, 1999OUTCOME: overturned dismissal by Circuit Court & was able to settle case after Michigan Supreme Court said matter was a question of fact for the jury.
Lawsuit representing individual who was visiting a friend who lived with his mother & with his girl friend in his mother's home. The girlfriend yelled some profanities at some girls driving by. 15 minu ... tes later, several cars pulled up & a group of males assaulted client & others sitting on front porch. The Client was stabbed but recovered without complications. Sued the Girlfriend claiming she was an insured under the homeowner's policy which insured the named insured, and any relatives and others staying with the named insured under the age of 21 in the care of the insured. State Farm refused to defend the g/f & a default judgement was taken for a $100K. Entered into agreement with the g/f to not try collecting from her if she assigned her claim against State Farm for not insuring her to Client. Filed suit against State Farm for failure to insured as g/f was under 21 & "in the care of the named insured? Case was dismissed by Macomb County Circuit Court on State Farm's Motion for Summary Disposition, whereas Client's own Motion for Summary Disposition was denied. Appealed to Michigan Court of Appeals & successfully overturned dismissal & obtained discussion granting Client's Motion for Summary Disposition. Michigan Sup Court granted leave to appeal. Very interesting decision that's been cited in many later cases, where the Supreme Court ruled that in this contract case, which interpretation of contracts is normally a question of law for the judge & not a jury. But In that case the court said that when the language is not ambiguous but yet can mean different things to different people it becomes a question of fact for the jury. State Farm wasn't interested in having a jury trial being the named defendant & so case was settled advantageously to my Client, the Plaintiff for a mid 5 figure award.
