Leader National Insurance v. Martin

Banke, Presiding Judge.

Martin sued Leader National Insurance Company seeking to recover optional personal injury protection (“no-fault”) benefits allegedly due him pursuant to a policy of motor vehicle accident insurance issued to his wife and, in addition, to recover a statutory bad-faith penalty and attorney fees based on Leader’s delay in paying the claim. Leader denied liability, contending that there had been no election of optional coverage by Martin’s wife and that the statute of *28limitations had run on the claim.

Prior to the trial of the case, the trial court granted partial summary…