36th District Court; Docket No. 4-790-579; Unpublished
Judge John A. Murphy; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Requirement That Benefits Were Unreasonably Delayed or Denied [§3148(1)]
Conduct Establishing Unreasonable Delay or Denial [§3148]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, Judge Murphy found that defendant's failure to pay no-fault benefits to plaintiff (medical expenses and replacement service expenses) in the approximate amount of $3,000 was an unreasonable refusal to pay benefits and, accordingly, ordered the defendant to pay attorney fees under §3148 in the amount of $6,903.75. Plaintiff in this case was injured in an auto accident in January of 1983. Her treating physician hospitalized her for six days. An orthopedic surgeon saw her approximately six months later and wrote a report to defendant confirming the need for medical treatment and indicating that plaintiff was disabled from her household duties. In addition, a neurosurgeon also examined plaintiff approximately eight months after the accident and rendered treatment which he related to the accident Defendant Farmers scheduled plaintiff for an "independent medical examination" which found that plaintiff was not disabled and that her complaints were not related to the accident After a two and one-half day jury trial, a verdict was rendered in favor of plaintiff for all medical bills in question.
Judge Murphy, relying on the Court of Appeals decision in Liddell v DAIIE (item number 380), found that defendant's refusal to pay benefits was unreasonable. Judge Murphy stated that defendant's conduct should be evaluated in light of the general remedial purposes of the No-Fault Act. He stated, "this Court finds, as did the Court in Liddell, supra, that it was unreasonable for Defendant not to investigate further in order to find out the real medical status of the Plaintiff, Dorothy Lloyd. Simply accepting the inconsistent findings of Dr. Foreman without any effort to reconcile them with the treating doctor's findings and conclusions is unreasonable.''
