Order Michigan Supreme Court
Lansing, Michigan
July 25, 2008 Clifford W. Taylor,
Chief Justice
135028 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
HATTIE MOORE and JAMES MOORE, Robert P. Young, Jr.
Plaintiffs-Appellees, Stephen J. Markman,
Justices
v SC: 135028
COA: 267191
Genesee CC: 01-071881-NF
02-073203-NF
SECURA INSURANCE,
Defendant-Appellant.
_________________________________________/
By order of January 30, 2008, the application for leave to appeal the July 3, 2007
judgment of the Court of Appeals was held in abeyance pending the decision in Ross v
Auto Club Group (Docket No. 130917). On order of the Court, the case having been
decided on May 7, 2008, 481 Mich 1 (2008), the application is again considered. 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.”
CAVANAGH, J., not participating due to a familial relationship with counsel of
record.
I, Corbin R. Davis, 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.
July 25, 2008 _________________________________________
p0722 Clerk