No Shortcuts to Attorney's Fees
No-Fault Newsline 03/19/2018

In no-fault cases, plaintiffs have the burden of proving that the insurer unreasonably denied or delayed paying benefits if they hope to be awarded attorney’s fees. In Beaudoin v Michigan Property & Casualty Guaranty Association, unpublished opinion of the Court of Appeals, issued March 15, 2018 (Docket No. 336952), the Court of Appeals affirmed the lower court’s denial of Plaintiff’s request for attorney’s fees due to the finding of a legitimate factual uncertainty. The Court underscored the principle that a claimant’s self-serving statements and submission of invoices for medical treatment may be part of a claim, yet insufficient to establish a causal link between an accident and injuries. Additionally, a physician’s statements regarding the possibility of relatedness may not be substituted for a claimant’s obligation to present reasonable proof of loss.

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Secrest Wardle Executive Partner, Sarah L. Walburn, Authors Chapter in ICLE Damages Handbook
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