St Clair County Circuit Court; Docket No. 78-9-119-NO; Unpublished
Judge Halford I. Streeter
Official Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Injunctive and Equitable Relief in PIP Cases
CASE SUMMARY:
Judge Streeter utilized equitable procedures and a show cause hearing to order a no-fault carrier to pay certain overdue no-fault benefits to a plaintiff motorcyclist who had sustained personal injury when struck by an automobile. Judge Streeter ordered that the no-fault carrier pay a specific sum to plaintiff and that the payment draft not include any release or qualifying language.
In an earlier proceeding regarding the same lawsuit, Judge Streeter granted a partial summary judgment holding that a $5,000 deductible on personal insurance protection benefits was invalid under the authority of Porter v Michigan Mutual (item number 53). That decision held that any deductible provision in excess of $300 which pertains to PIP benefits is invalid on the basis that the statute provides no guidelines to the Insurance Commissioner to approve or disprove such deductibles. On that basis, Judge Streeter found the instant deductible to be invalid.
