United Services Automobile Association v. Charles Rimbey ( 2013 )

Order Michigan Supreme Court
Lansing, Michigan
February 6, 2013 Robert P. Young, Jr.,
Chief Justice
145188 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack,
UNITED SERVICES AUTOMOBILE Justices
ASSOCIATION,
Plaintiff/Counter-Defendant/Appellant,
v SC: 145188
COA: 299307
Ottawa CC: 09-001140-NF
CHARLES RIMBEY and TERRY PARK,
co-guardians of RANA REYES, a legally
incapacitated individual,
Defendants-Appellees,
and
SPECTRUM HEALTH HOSPITALS and
SPECTRUM HEALTH CONTINUING CARE,
Defendants/Counter-Plaintiffs/Appellees.
________________________________________/
On order of the Court, the application for leave to appeal the April 19, 2012
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of
Appeals. The trial court clearly erred in awarding the defendants attorney fees pursuant
to MCL 500.3148(1), because the plaintiff’s initial refusal to pay benefits under the no-
fault act was based on a legitimate question of factual uncertainty as to whether Rana
Reyes suffered “accidental bodily injury” pursuant to MCL 500.3105(1) and (4). Ross v
Auto Club Group, 481 Mich 1, 11 (2008). In all other respects, leave to appeal is
DENIED, because we are not persuaded that the remaining question presented should be
reviewed by this Court.
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.
February 6, 2013 _________________________________________
h0130 Clerk