Categories: Michigan Supreme Court Opinions

MOORE v. SECURE INS., 482 Mich. 883 (2008)

HATTIE MOORE and JAMES MOORE, Plaintiffs-Appellees, v. SECURA INSURANCE, Defendant-Appellant.

No. 135028.Supreme Court of Michigan.
July 25, 2008.

Reported below: 276 Mich App 195.

CAVANAGH, J.

Orders Granting Oral Argument in Cases Pending on Application for Leave to Appeal July 25, 2008.

We direct the clerk to schedule oral argument on whether to grant the application or take other peremptory action. MCR 7.302(G)(1). The parties shall submit supplemental briefs within 42 days of the date of this order addressing: (1) whether the benefits at issue were “overdue,” MCL 500.3148(1), 500.3142(2); (2) whether defendant “unreasonably refused to pay the claim or unreasonably delayed in making proper payment,” MCL 500.3148(1); (3) assuming defendant unreasonably refused to pay, but also assuming that only a portion of the benefits sought and awarded were “overdue,” whether MCL 500.3148(1) permits recovery of attorney fees for all benefits sought and recovered; and (4) whether the Court of Appeals erred in suggesting that “it is . . . possible for an insurer to unreasonably refuse to pay benefits even if the insurer is later deemed not liable for them.”

Did not participate due to a familial relationship with counsel of record.

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