Moore v. Secura Insurance

WILDER, EJ.

(dissenting). In this action for first-party personal protection insurance benefits1 and uninsured motorist coverage, defendant appeals as of right the trial court’s award of attorney fees. I would conclude that the award of attorney fees is clearly erroneous as a matter of law, and would reverse (or at least vacate the award and remand for further proceedings), because (1) the jury did not find that any benefits were overdue at the time of trial and (2) even if the attorney fees were permissible in light of the jury’s verdict, the trial court *206erred by failing to determine which…