American Family Mutual Insurance Co. v. Universal Underwriters Insurance Co.

OPINION

FORSBERG, Judge.

Mutual Service Casualty Insurance Co. (MSI) appeals summary judgment finding them primary insurer and ordering payment of statutory interest in the amount of 15 percent for failure to pay no-fault benefits promptly. We affirm.

FACTS

In February 1984, James Martin took his 1972 Ford van to Midway Ford for repair. The van was insured by MSI. While his van was in Midway’s shop, Martin made arrangements with the used car manager to borrow a 1979 Chevrolet van for the weekend. Martin agreed he would provide insurance coverage. Martin called his MSI agent, Marlowe House, and…