Muskegon County Circuit Court; Docket No. 82-16064-NO
Judge James M. Graves, Jr.
Official Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
PIP Insurer’s Right to Reimbursement for Claims Paid Arising Out of Uninsured Vehicle Injuries [§3177(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion and Order, Judge Graves held that an insurance company who paid no-fault benefits to an injured party pursuant to the Assigned Claims provisions of the No-Fault Act (§3172) was entitled to recover actual attorney fees as part of the reimbursement from the uninsured motorist whose lack of insurance necessitated the claim assignment. The Court stated, "If the uninsured motorist does not voluntarily enter into a reimbursement agreement, the cost of asserting the right to reimbursement in a court should be borne by the party whose recalcitrance necessitated the court action." These attorney fees are part of the "costs in handling the assigned claim" as referred to in §3177.
