Henderson v. State Farm Fire & Casualty Co.

I respectfully dissent from the majority’s holding that the phrase “in the care of” is unambiguous. I dissent, also, from the remand for a jury determination of whether Dawn Mysierowicz was “in the care of” Mrs. Twitchell.

I would hold that the phrase is ambiguous, and as such, the contract provision should be construed against the defendant, as its drafter. Plaintiff is entitled to judgment as a matter of law under MCR 2.116(C)(10) because there was no genuine issue of *362material fact, given this Court’s de novo standard of review.

We review both the grant or denial of a motion for summary…