Hurst v Auto Club Insurance Association; (COA-UNP, 8/2/1996; RB #1867)

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Michigan Court of Appeals; Docket No. 178225; Unpublished  
Judges Wahls, Murphy, and Corwin; Unanimous; Per Curiam 
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt  


STATUTORY INDEXING:  
General / Miscellaneous [§3142]

TOPICAL INDEXING:  
Evidentiary Issues    


CASE SUMMARY:  
In this unanimous unpublished per curiam Opinion, the Court of Appeals held that the statutory interest provisions of §3142 of the no-fault statute did not apply to a jury verdict awarding plaintiff damages under his optional collision coverage endorsement.  Interest under §3142 only applies to claims for PIP benefits. Therefore, the trial court's award of interest under §3142 was erroneous and reversed.  

The Court of Appeals also held that the trial court properly gave S JI2d 6.01 permitting the jury to draw an adverse inference from the fact that defendant did not produce the collision coverage endorsement upon which it based its denial.