(concurring). I found this a very *82difficult and troubling-case. The equities involved seem almost irresolvable. On the one hand, defendant is in a far better position to continue the lawsuit whether or not it continues paying the benefits. Plaintiffs are not a large corporation with substantial cash reserves and a fleet of expert lawyers ready to jump at their bidding. If plaintiffs do not continue to receive the benefits (especially since they are not working), they will most likely be forced into settling for far less than they might otherwise be entitled. This unequal power distribution is patently unfair (though, unfortunately, often unavoidable). On the other hand, defendant could easily lose all the money that it is paying to plaintiffs. Defendant could prevail on the merits but end up having paid a substantial portion of the benefits anyway merely because plaintiffs would be unable to make reimbursement. Obviously, such a situation is also patently unfair.
Although I agree with the majority that this case should be reversed, I do not agree entirely with its reasoning. I will analyze the three reasons it provides in reverse order. The majority states that an injunction was improper because plaintiffs had an adequate legal remedy. I disagree. True, MCL 500.3142; MSA 24.13142 allows a prevailing plaintiff to recover 12% interest on overdue payments and attorneys fees. However, these payments will be awarded only after the lawsuit has terminated. Plaintiffs are not asking for such relief in this part of the suit. They are asking for relief before the trial to allow them to continue the suit. As such, the legal remedy is inadequate. Therefore, I believe that a gap exists in the statutory system on this point. Equity allows us to fill this gap and speak where the Legislature has remained silent.
I do not agree with the second reason given in *83the majoity opinion either. The preliminary injunctions do not give plaintiffs the very benefits they are asking for. First, plaintiff Anderson was to receive only half benefits. Second, the preliminary injunction did not provide plaintiffs with the interest and attorneys fees that they are asking for. (I do not see how the majority opinion addresses this issue.) Third and most important, the preliminary injunctions completely fail to give plaintiffs the right to permanent medical benefits. MCL 500.3107(a); MSA 24.13107(a).
I do, however, to a certain extent agree with the first reason. I am voting to reverse only because I believe that plaintiffs have not shown that they will likely prevail. As such, defendant could likely lose the money it is paying pursuant to the temporary injunctions. But I do not believe that such a temporary injunction is improper under all circumstances. As I stated earlier, an insurance company has far more power than an individual claiming benefits. Absent some legislative solution to this problem, if we foreclose preliminary injunctions in this situation, we would be allowing the insurance companies a strong battering ram to prevent many plaintiffs from recovering. This injustice becomes poignant where the plaintiff is impoverished and very badly needs the money not only to continue the suit but to survive. But I do not believe that the present situation is appropriate for such a preliminary injunction. Defendant certainly has a right to reimbursement if it eventually prevails on the merits. Plaintiffs have not sustained their burden of showing that they will likely ultimately prevail on the merits. As such, I believe that the trial judges abused their discretion in issuing the preliminary injunctions. However, I would be far less likely to so hold if the plaintiffs had made a stronger showing that they would eventually prevail.