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Miller v DAIIE; (COA-UNP, 5/2/1978 and 1/25/1978; RB #79)


Michigan Court of Appeals; Docket No. 78-1273 and 77-5068; Unpublished   
Two Different Court of Appeals Panels   
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt    

Not Applicable

Injunctive and Equitable Relief in PIP Cases   

In summary Orders, two different panels of the Court of Appeals refused to declare inappropriate the use of the Wayne County Circuit Court's equitable powers of injunction and how cause in lawsuits involving the prompt payment of first party benefits. In the first proceeding, the Court of Appeals remanded the case back to the Wayne County Circuit Court for a full hearing on the how cause hearing. In the second appeal, the Court refused to grant application for leave to appeal or to stay the proceedings.

[Author's Comment: At this point, the precedential value of these decisions is uncertain other than to say that the use of equitable devices in first party cases appears to be a valid pleading approach.]

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