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12/03/75 WHITNEY v. ALLSTATE INSURANCE COMPANY

December 3, 1975

WHITNEY
v.
ALLSTATE INSURANCE COMPANY



Appeal from Wayne, Richard M. Maher, J.

Leave to appeal denied, 396 Mich .

J. H. Gillis, P. J., and Bronson and T. M. Burns, JJ.

SYLLABUS BY THE COURT

1. Appeal and Error -- Pleading -- Summary Judgment.

The Court of Appeals accepts a plaintiff's well-pleaded complaint and affidavit as true when reviewing a summary judgment order.

2. Insurance -- Automobiles -- Interest -- Statutes.

A statutory provision (now repealed) that required certain minimum coverages for automobile insurance policies, exclusive of interest and costs, did not require a provision for interest in the policies (MCLA 257.504; MSA 9.2204).

3. Interest -- Insurance -- Breach of Contract.

An allowance of interest is proper where an insurance company has breached the insurance contract by wrongfully withholding payment.

4. Arbitration and Award -- Insurance -- Interest -- Unpaid Proceeds -- Good Faith Dispute.

Interest does not accumulate upon an unpaid claim for insurance proceeds where the parties have agreed to arbitrate insurance disputes and there is a good faith dispute concerning the amount of loss payable.

5. Insurance -- Automobiles -- Interest -- Disputed Liability.

Interest accumulates upon an unpaid claim for automobile insurance proceeds where the insurer has wrongfully withheld payment, where the insurer's liability, not the amount of the loss, is in dispute, and where the amount of the loss is liquidated, known, or easily ascertained at the time liability is ...


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