Michigan Court of Appeals; Docket No. 207629; Unpublished
Judges Cavanagh, Doctoroff, and O'Connell; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
12% Interest Penalty on Overdue Benefits – Nature and Scope [§3142(2), (3)]
Requirement That Benefits were Unreasonably Delayed or Denied [§3148(1)]
Penalty Attorney Fees and Other Court Rule Sanctions [§3148]
Penalty Attorney Fees on Appeal [§3148]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous unpublished per curiam Opinion, the Court of Appeals affirmed a bench trial judgment in favor of plaintiff in a suit for no-fault work loss benefits and medical expense benefits, and also affirmed related rulings on the recovery of interest and attorney fees. The court found that the trial court's verdict was not against the great weight of the evidence. The court further found that plaintiff was entitled to an award of interest under section 3142 of the no-fault statute, because the defendant had not paid benefits within 30 days after receiving reasonable proof of the fact in the amount of the loss. The court also refused to disturb the trial judge's rulings that plaintiff was entitled to attorney fees under section 3148, because defendant had unreasonably delayed in making benefits, and that plaintiff was also entitled to attorney fees for mediation sanctions pursuant to MCR 2.403(O)(l). The court also held that because defendant had still not paid no-fault benefits to plaintiff, plaintiff was entitled to recover attorney fees under section 3148 incurred as a result of the appeal to the Court of Appeals.
