United States Sixth Circuit

In a declaratory action brought against plaintiff's two insurers involving the proceeds of a third-party tort settlement she received after she suffered severe injuries in an automobile accident, a judgment awarding plaintiff only a portion of her requested attorney's fees and denying her any penalty interest after she prevailed is affirmed where: 1) the district court did not abuse its discretion in determining that an insurer's refusal to pay was unreasonable under state law; 2) state law did not support awarding plaintiff attorney's fees in relation to her failed claim that another insurer was not entitled to reimbursement; and 3) a determination that plaintiff failed to produce sufficient evidence to ascertain precisely when an insurer's obligation arose for the purpose of calculating penalty interest was not clearly erroneous.

Appellate Information

• Decided 06/20/2007
• Published 06/20/2007

Judges

• Before:  SILER and GILMAN, Circuit Judges;  ZATKOFF, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Brent W. Boncher, Schenk, Boncher & Rypma, Grand Rapids, Michigan, for Appellant.  Raymond J. Williams III, Hewson & Van Hellemont, Warren, Michigan, for Appellees.   ON BRIEF:  Brent W. Boncher, Frederick J. Boncher, Schenk, Boncher & Rypma, Grand Rapids, Michigan, for Appellant.   Raymond J. Williams III, Michael M. Carey, Hewson & Van Hellemont, Warren, Michigan, for Appellees.