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UNITED SERVICES AUTOMOBILE ASSOCIATION v. RIMBEY

Docket No. 145188. COA No. 299307.

825 N.W.2d 576 (2013)

493 Mich. 932

UNITED SERVICES AUTOMOBILE ASSOCIATION, Plaintiff/Counter-Defendant/Appellant, v. 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.

Supreme Court of Michigan.

February 6, 2013.

Order

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...

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