Michigan Court of Appeals; Docket No. 100698 (on remand); Published
Judges Kelly, Gillis, and Holbrook, Jr.; Unanimous
Official Michigan Reporter Citation: 162 Mich App 717; Link to Opinion 
STATUTORY INDEXING:
Requirement That Benefits Were Unreasonably Delayed or Denied [§3148(1)]
Bona Fide Factual Uncertainty / Statutory Construction Defense [§3148]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous Opinion by Judge Kelly, the Court of Appeals considered on remand from the Supreme Court the remaining issue of attorney fees under §3148(1).
The Supreme Court reversed the 1984 Court of Appeals decision (Item No. 809), in which that court by a 2-1 decision had disallowed a trial court order of survivor's loss benefits for a forestry student who was killed in a motor vehicle accident on the last day of his last exam in his senior year of college. On remand, the only issue was whether the plaintiff was entitled to attorney fees based upon the statutory standard that the insurer had "unreasonably refused" the survivor's loss benefits.
Judge Kelly, who had dissented in the Court of Appeals opinion, wrote that the insurer's decision to deny benefits in this case was a "good faith refusal" and was therefore not unreasonable.
