Court Of Appeals Affirms No-Fault Attorney Fees Award And Rejects Insurer’s After-The-Fact Defense
An insurer was not entitled to a new trial based on unpreserved references to a third party’s drunkenness because the verdict was supported by the evidence and any prejudice was cured by jury instructions. The trial court also properly awarded no-fault attorney fees under MCL 500.3148(1), as the insurer’s prior acknowledgment of the injury made its denial unreasonable, and a later record review could not create factual uncertainty retroactively.
Trial Court Abused Its Discretion by Admitting Evidence That Was Inadmissible
The trial court abused its discretion by admitting the GAL’s reports, LARA documents, and expert opinion testimony about domestic violence because each piece of evidence was inadmissible.
Remand for a Different Jurist due to Repeated Procedural Error
For the second time and on identical issues, the matter of In re Jones, Minors, came before the COA on the father’s appeal of a circuit court order terminating his parental rights.