Clute v. General Accident Assurance Co. of Canada

I respectfully dissent.

*424The section of the no-fault act which authorizes an award of attorney fees, § 3148(1), provides:

An attorney is entitled to a reasonable fee for advising and representing a claimant in an action for personal or property protection insurance benefits which are overdue. The attorney’s fee shall be a charge against the insurer in addition to the benefits recovered, if the court finds that the insurer unreasonably refused to pay the claim or unreasonably delayed in making proper payment. [MCL 500.3148(1); MSA 24.13148(1).]

Although the terms "unreasonably refused” and…