James Perkins v. Auto Owners Insurance Company ( 2014 )


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  • Order Michigan Supreme Court Lansing, Michigan November 7, 2014 Robert P. Young, Jr., Chief Justice 147640-1 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack JAMES PERKINS, David F. Viviano, Plaintiff-Appellee, Justices v SC: 147640 COA: 310473 Grand Traverse CC: AUTO-OWNERS INSURANCE 2011-028699-NF COMPANY, Defendant-Appellant, and STATE FARM FIRE & CASUALTY COMPANY and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendants, and PROGRESSIVE NORTHERN INSURANCE COMPANY, Defendant-Appellee. ____________________________________/ JAMES PERKINS, Plaintiff-Appellee, v SC: 147641 COA: 312674 Grand Traverse CC: AUTO-OWNERS INSURANCE 2011-028699-NF COMPANY, Defendant-Appellant, and STATE FARM FIRE & CASUALTY COMPANY, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, 2 and PROGRESSIVE NORTHERN INSURANCE COMPANY, Defendants. ____________________________________/ On order of the Court, the application for leave to appeal the July 18, 2013 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. MARKMAN, J. (dissenting). I respectfully dissent. Defendant Auto-Owners Insurance Company argued that because plaintiff, an out-of-state driver, was injured while operating a vehicle that was not insured by an insurer authorized to issue automobile liability insurance in Michigan, he was not entitled to personal protection insurance benefits under Michigan law. MCL 500.3113(c). Despite defendant’s argument ultimately having been rejected by the trial court, defendant bore the obligation to pay plaintiff’s attorney fees only if its argument was “unreasonable.” MCL 500.3148(1). Thus, the dispute here does not pertain to whether defendant’s argument should have prevailed, but only to whether it was “unreasonable.” In my judgment, it was not in the slightest. I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. November 7, 2014 h1104 Clerk

Document Info

Docket Number: 147641

Filed Date: 11/7/2014

Precedential Status: Precedential

Modified Date: 11/10/2014