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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.

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