Denney v. Shield Insurance

Banke, Presiding Judge.

The appellee insurer filed this action to obtain a declaratory judgment adjudicating the extent, if any, of its obligation to pay the appellant personal injury protection benefits as the result of an accident in which he was involved. The appellee additionally sought an interlocutory injunction restraining the appellant from prosecuting the PIP claim during the pendency of the declaratory judgment action. The appellant counterclaimed to recover the PIP benefits, plus a statutory bad-faith penalty and attorney fees.

After the appellant filed his responsive pleadings, the…