Supreme Court returns Ludington case to trial court to make record of findings of AutoOwners' frivolous defense
The Supreme Court issued a unanimous opinion this week, returning a 2005 case to the Mason County Circuit Court for a clearer exposition of the trial judge's findings. The judge had awarded attorneys' fees to the Ludington Holiday Inn, after he concluded that its insurer--AutoOwners--had raised frivolous arguments in failing to provide insurance coverage. The Supreme Court concluded that while there was no apparent breach of the law governing fees, the judge did not adequately explain, on the record, the basis for awarding fees against the insurer. It returned the case to him to make a clearer record of his decision.