Oakland County Circuit Court; Docket No. 81 DA 2315 AV; Unpublished
Judge Richard D. Kuhn; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
PIP Benefits Payable as Loss Accrues [§3142(1)]
12% Interest Penalty on Overdue Benefits – Nature and Scope [§3142(2), (3)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, Judge Kuhn held that where an insurer reimbursed plaintiff for an amount equal to a withheld Medicare setoff 12 days after the Supreme Court issued its opinion in LeBlanc v State Farm (item number 414), the insurer did not owe interest under §3142 inasmuch as the Medicare setoff was not due until the Supreme Court decided LeBlanc. Judge Kuhn held that a no-fault benefit cannot be considered overdue unless there is a legal obligation to make the payment. It is not necessary to prove that the insurer unreasonably refused to pay the claim. However, it must appear at a minimum that a particular amount was reasonably shown to be due, that the claim was meritorious, and that the insurer was dilatory in making the payments.