Ingham County Circuit Court; Docket No. 78-21759-NI; Unpublished
Judge Michael G. Harrison
Official Reporter Citation: Not Applicable; Link to Opinion
Injunctive and Equitable Relief in PIP Cases
Judge Michael G. Harrison exercised his equitable power in a suit filed by plaintiff seeking recovery of no-fault benefits for injuries suffered by plaintiff while he was an occupant of his employer's vehicle in the course of his employment. The employer's no-fault insurance carrier had denied liability on the basis of the decisions in Mathis and Ottenwess. The employer's no-fault carrier denied liability on the basis of the decision in Hawkins. Neither carrier seriously disputed the right of plaintiff to recover no-fault benefits but merely argued the other was responsible for payment. Plaintiff filed a petition for emergency injunctive relief seeking payment of no-fault benefits from one or both of the no-fault carriers and alleged irreparable injury because of the failure to pay benefits.
After two hearings, Judge Harrison issued an injunctive order against both of the no-fault carriers ordering each of them to pay 50 percent of the plaintiff’s accrued and future no-fault benefits until the Supreme Court resolved the appellate case law conflict. In addition, Judge Harrison's order specifically reserved all rights between the two insurance carriers pending final resolution by the Supreme Court and further reserved all issues regarding governmental benefits setoffs, interest and attorney fees.