CLYDE EVERETT V AUTO OWNERS INSURANCE CO

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STATE OF MICHIGAN COURT OF APPEALS CLYDE EVERETT, UNPUBLISHED June 15, 2010 Plaintiff-Appellee, v No. 287640 Lapeer Circuit Court LC No. 06-037406-NF AUTO OWNERS INSURANCE COMPANY, Defendant-Appellant. ON RECONSIDERATION Before: GLEICHER, P.J., and FITZGERALD and WILDER, JJ. FITZGERALD, J. (dissenting). I would affirm the order that awarded plaintiff attorney fees and costs under the no-fault act, MCL 500.3148(1), for the reasons stated in this Court’s original majority opinion in this matter. Everett v Auto Owners Insurance Company, unpublished opinion per curiam of the Court of Appeals, issued January 26, 2010 (Docket No. 287640). /s/ E. Thomas Fitzgerald -1-

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