McCarty v. Auto Club Insurance

I respectfully dissent. I would affirm the trial court’s decision to *106award plaintiff costs and attorney fees. MCL 500.3148(1); MSA 24.13148(1).

Our Supreme Court has ruled that an insurer’s refusal to pay is reasonable under § 3148(1) when caused by a legitimate question of statutory construction, constitutional law or bona fide factual uncertainty. Gobler v Auto-Owners Ins Co, 428 Mich 51, 66; 404 NW2d 199 (1987). However, our Court has also concluded that we will not reverse on appeal a trial court’s finding of unreasonable refusal unless it is clearly erroneous. MCR 2.613(C); United…