Delta County Circuit Court; Docket No. 79-4661-AV; Unpublished
Judge Clair Hoehn; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Nature and Scope of PPI Benefits (Property Damage and Loss of Use) [§3121(1)]
12% Interest Penalty on Overdue Benefits – Nature and Scope [§3142(2), (3)]
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 a written Opinion involving an appeal from a District Court decision, Circuit Judge Hoehn made the following rulings:
1. That nonpermissive, nonconsensual use of a motor vehicle is not a defense to the payment of property protection insurance benefits when that motor vehicle causes injury to a properly parked automobile.
2. That an award of interest under §3142 of the statute is mandatory and not made discretionary with the court Thus, the fact that a case involved an issue of "first impression" does not excuse an award of 12 percent interest
3. That an award of actual attorney fees under §3148 should have been rendered in this case. Defendants are "not entitled to escape clear mandate of the statute merely because they were the first to put forward a fanciful and farfetched argument"
