McCarty v. Auto Club Insurance

Defendant appeals by leave granted from a circuit court decision affirming a district court’s award to plaintiff of costs and attorney fees of $13,317.39, both as mediation sanctions, MCR 2.403(0), and as a penalty for unreasonably refusing to pay no-fault insurance benefits, MCL 500.3148; MSA 24.13148. We reverse.

This case arose from injuries sustained by plaintiff while she was a passenger in an automobile involved in a collision. Her head and face struck the side passenger window, breaking the window and causing multiple lacerations to her face.

Plaintiff eventually sued defendant, claiming…