Lakeland Neurocare Centers v. State Farm Mutual Automobile Insurance

Plaintiff appeals as of right from an order denying its motion for no-fault penalty interest, MCL 500.3142, and attorney fees, MCL 500.3148(1). We reverse and remand.

Plaintiff filed this action against defendant, a no-fault insurer, as a consequence of defendant’s denials of plaintiff’s requests for payment for rehabilitation services rendered to Arthur Smith, defendant’s insured, 1 who was a pedestrian injured in a motor vehicle accident. Defendant denied plaintiff’s claims for payment, alleging that Smith was not struck by a motor vehicle. Subsequently, after plaintiff filed a motion for…