Opinion
Docket Nos. 147640 147641. COA Nos. 310473 312674.
2014-11-7
James PERKINS, Plaintiff–Appellee, v. AUTO–OWNERS INSURANCE 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. Auto–Owners Insurance Company, Defendant–Appellant, and State Farm Fire & Casualty Company, State Farm Mutual Automobile Insurance Company, and Progressive Northern Insurance Company, Defendants.
Prior report: 301 Mich.App. 658, 837 N.W.2d 32.
Order
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.