Wayne County Circuit Court; Docket No. 84-4198614-CK; Unpublished
Judge John H. Gillis, Jr.; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
Veterans / Military Benefits [§3109(1)]
Requirement That Benefits Were Unreasonably Delayed or Denied [§3148(1)]
Conduct Establishing Unreasonable Delay or Denial [§3148]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion by Judge Gillis, the court held that a no-fault insurer was not entitled to withhold medical benefits to a U.S. serviceman where the medical treatment at issue was necessitated by the automobile accident and where it could not be obtained at a medical facility. The court distinguished the Court of Appeals decision in Morgan v Evans, 163 Mich App 115 (1987), as that case dealt with a serviceman who could have obtained the requisite medical treatment in a government hospital. The court also held that defendant's denial of benefits in this case was unreasonable, thereby subjecting defendant to liability for attorney fees and costs.
