Brunec v. Detroit Auto. Inter-Insurance Exchange, 70457

• Citation: 418 Mich. 877,340 N.W.2d 291
• Decision Date: 06 December 1983
• Docket Number: No. 70457,70457
• Parties: Walter BRUNEC, Maria Brunec, and Terry Chepurny, Plaintiffs, and Johnny Chepurny, Plaintiff-Appellant, v. DETROIT AUTOMOBILE INTERINSURANCE EXCHANGE, Defendant-Appellee. 418 Mich. 877, 340 N.W.2d 291
• Court: Supreme Court of Michigan

Page 291

340 N.W.2d 291

Walter BRUNEC, Maria Brunec, and Terry Chepurny, Plaintiffs, and Johnny Chepurny, Plaintiff-Appellant, v. DETROIT AUTOMOBILE INTERINSURANCE EXCHANGE, Defendant-Appellee.

No. 70457.

418 Mich. 877, 340 N.W.2d 291

Supreme Court of Michigan.

Dec. 6, 1983.

ORDER

On order of the Court, the application for leave to appeal is considered and, pursuant to GCR 1963, 853.2(4), in lieu of granting leave to appeal, we REVERSE the Court of Appeals judgment in part. We find that the claim for replacement services submitted by plaintiff's family to the defendant provided the defendant with "reasonable proof" of an ascertainable claim. The Court of Appeals conclusion, in light of the insurance adjuster's testimony, is clearly erroneous. The plaintiff is entitled to interest on the overdue payment pursuant to M.C.L. Sec. 500.3142(3); M.S.A. Sec. 24.13142(3). In all other respects, the application for leave to appeal is DENIED, because the Court is not persuaded that the questions presented should be reviewed by this Court.

We do not retain jurisdiction.