77th District Court for the County of Mecosta, Docket No. 4525; Unpublished
Judge R. L. Miles
Official Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
12% Interest Penalty on Overdue Benefits – Nature and Scope [§3142(2), (3)]
Interest Penalty Additive to Judgment Interest [§3142]
TOPICAL INDEXING:
Civil Judgments and Interest (MCL 600.6013)
CASE SUMMARY:
In a detailed written Opinion involving many factual matters, Judge Miles ruled that when a plaintiff prevails in his lawsuit for recovery of first party no-fault benefits, the plaintiff should be permitted to recover the statutory 12 percent interest on the overdue benefits pursuant to §3142 of the no-fault statute, and should also be permitted to recover the standard six percent statutory interest applicable to general civil suits. In addition, Judge Miles ruled that the plaintiff's right to recover the aforesaid interest is in no way dependent upon whether or not the insured acted reasonably or unreasonably or in good faith or in bad faith. Judge Miles also held that the question of attorney fees under §3.148 of the statute is for the Court to determine and the Court has the authority to assess an attorney fee pursuant to that section without the necessity of a specific finding at the trial conclusion that the defendant acted unreasonably and without regard to whether or not the plaintiff has raised the question in his pleadings. The Court held that the testimony adduced in the instant case clearly showed that the amounts recovered by plaintiff in the lawsuit were clearly due and owing to him and that the defendant insurance company had ample notice and knowledge of plaintiff’s claim and the fact and amount of plaintiff’s loss. Finally, Judge Miles ruled that the plaintiff was entitled to recover, an attorney fee consisting of one-third of the total benefits recovered by plaintiff in the judgment inclusive of the 12 percent statutory interest and the standard six percent interest.
