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YALDO v. NORTH POINTE INS. CO.

Docket No. 107032, Calendar No. 7.

578 N.W.2d 274 (1998)

457 Mich. 341

Isam YALDO, Plaintiff-Appellee, v. NORTH POINTE INSURANCE COMPANY, Defendant-Appellant.

Supreme Court of Michigan.

Decided May 19, 1998.

Attorney(s) appearing for the Case

Sommers, Schwartz, Silver & Schwartz, P.C. by Carl B. Downing, Southfield, and Weinbaum & Abbo, P.C. by Peter Abbo, Farmington Hills, for plaintiff-appellee.

Klemanski & Honeyman, P.C. by John D. Honeyman, Troy, for defendant-appellant.

Kallas & Henk, P.C. by Constantine N. Kallas, Bloomfield Hills, amicus curiae, for Michigan Association of Insurance Companies.

MARILYN J. KELLY, Justice.

In this case, we are asked to determine the applicable rate of interest on a judgment for plaintiff because of defendant's failure to pay plaintiff's claim under an insurance contract. We hold that the lower courts properly found that subsection 5 not subsection 6 of M.C.L. § 600.6013; M.S.A. § 27A.6013 is controlling. Therefore, we affirm the award of twelve percent interest to plaintiff.

I

In 1988, plaintiff...

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