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BRATTON v. DETROIT AUTOMOBILE INTER-INSURANCE EXCHANGE

Docket Nos. 56795, 58871.

120 Mich. App. 73 (1982)

327 N.W.2d 396

BRATTON v. DETROIT AUTOMOBILE INTER-INSURANCE EXCHANGE ANDERSON v. DETROIT AUTOMOBILE INTER-INSURANCE EXCHANGE

Michigan Court of Appeals.

Decided October 5, 1982.

Attorney(s) appearing for the Case

Harris & Marcks, P.C. (by John G. Mooney), for plaintiff Bratton.

Martin S. Baum, P.C. (by David Riley), for plaintiff Anderson.

Dickinson, Mourad, Brandt, Hanlon & Becker (by Eugene Hom and John G. Geen), and Gromek, Bendure & Thomas (by James G. Gross), for defendant.

Before: M.J. KELLY, P.J., and T.M. BURNS and MacKENZIE, JJ.

M.J. KELLY, P.J.

The question presented in these two cases is whether a preliminary injunction, requiring defendant Detroit Automobile Inter-Insurance Exchange (DAIIE) to pay personal injury protection insurance (PIP) benefits, MCL 500.3107; MSA 24.13107, may be issued prior to the resolution of factual disputes over whether these benefits are properly payable. The trial court in each of these cases issued a preliminary injunction requiring DAIIE to pay PIP benefits...

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