Barry County District Court; Docket No. 84-C-0107; Unpublished
Judge Gary R. Holman; 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]
Calculating Attorney Fees Not Based on Contingent Fee [§3148]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, Judge Holman found that the defendant's termination of plaintiff’s medical benefits was "unreasonable" and awarded attorney fees to plaintiff under §3148. Earlier, the jury had returned a verdict for plaintiff for unpaid medical expenses in the amount of $1,192.24. Judge Holman awarded attorney fees in an amount almost equal to mat ($1,175).
The major issue regarding the reasonableness of defendant's conduct revolved around whether defendant was entitled to rely upon a defense medical exam of plaintiff which occurred over two years prior to trial. The defense doctor testified that at the time he saw plaintiff, it was his opinion that she did hot need any medical treatment and saw no evidence of disability. However, plaintiff was subsequently treated by two other physicians who later expressed opinions that plaintiff was suffering from a medical condition which in their judgment was causally related to the accident Judge Holman ruled that it was unreasonable for the insurance company to continue its nonpayment of benefits without ascertaining additional facts about the plaintiff’s condition after it became apparent that there was conflicting medical evidence. The court stated, "The transcript testimony of Dr. Kingsley [defense doctor] previously cited in this opinion . . . seems to significantly limit Dr. Kingsley’s opinion to the examination date of January 19, 1983. Therefore, when additional information was provided at a subsequent date, specifically Dr. Dorais and Dr. Merriman, relating further medical treatment necessitated by the automobile accident of January 1980, it would appear to this court unreasonable for Motorists Insurance Company not to contact the examining physicians or their consulting physician in an attempt to ascertain the true situation existent at that time in view of the contradictory medical reports." In awarding attorney fees, Judge Holman applied the guidelines enumerated in Crawley v Schick, 48 Mich App 728.
