St. Clair County Circuit Court; File No. 78-8-593-CK; Unpublished
Judge Ernest F. Oppliger; Verdict
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
12% Interest Penalty on Overdue Benefits – Nature and Scope [§3142(2), (3)]
A Circuit Court jury before Judge Ernest F. Oppliger rendered a verdict in favor of plaintiff for PIP benefits and also awarded $20,000 in mental anguish damages for breach of the no-fault PIP contract.
In addition, Judge Oppliger also awarded a one-third attorney fee in favor of the plaintiff on the benefits due under the policy. Furthermore, the Judge awarded interest under the general interest statute at six percent (MCLA 600.6103) and also awarded an additional 12 percent interest under §3142(2) of the no-fault statute.
[Author's Comment: This was the fourth decision out of St. Clair County where mental anguish damages were awarded in a PIP benefits suit. The case of Jowett v Allstate (item number 66) was another one of these cases. In addition, the Jowett case also awarded 6 percent and 12 percent interest on the overdue PIP benefits as in the above case.]