LEE v. FEDERAL EXPRESS CORPORATION et al
1. Plaintiff is aresident of the City ofMcster, County of Wayne, State of Michigan.
2. That Defendant, Underwriters Safety & Claims Insurance Company, is a corporation authorized to do business in the State of Michigan with offices in the County of Wayne State of Michigan. The corporate office is 1675 W Sterns Road, #5, Temperance, ME
3. That Defendant, Federal Express Corporation d/b/a FedEx is a corporation authorized to do business in the State of Michigan with offices in the County of Wayne, State of Michigan.
4. That Defendant, Ace-American Insurance Company, is a corporation authorized to do business in "the State of Michigan "with offices in the County of Wayne, State of Michigan.
5. That on or about August 25, 2010, Plaintiff was standing in a driveway when he was struck by a Federal Express truck insured with the Defendant causing severe injuries.
6. That as a direct and proximate result of the resulting injuries to Plaintiff, the Plaintiff sustained a serious impairment of a bodily function as an objectively manifested impairment of an important body function that affects the person's general ability to lead a normal life and/or a permanent, serious disfigurement.
7. On said date and at all times material herein, pursuant to MCLA § 500.3101 et seg., there was an insurance policy in full force and effect which provided Personal Protection Benefits to Plaintiff including 1he following:
A. Loss of income for the first three (3) years after the date of accident.
B. Expenses (maximum $20 per day) reasonably incurred for necessary services in lieu of those the injured Plaintiff would have performed for the benefit of Plaintiff or Plaintiffs dependents.
C. . For all reasonable charges, urnirrrited in amount, for medical and/or rehabilitative expenses and hospital charges.
D. Reasonable and necessary travel expenses to obtain medical care or attention.
6. As a result of said automobile accident, Plaintiff incurred:
A. Medical expenses.
B. Hospital expenses.
C. . Lost earnings.
D. Lost services and other expenses which Defendant is obligated to
pay, including replacement and attendant care services.
7. Although demand for payment of the same has been made, Defendant unreasonably and umawfully refuses or neglects to pay Plaintiff all Personal Protection Benefits in accordance with MCLA § 500.3101 etseg.
8. Although reasonable proof has been supplied, Defendant has unreasonably refused to malce payment in accordance with MCLA § 500.3101,' et seg., although more than thirty (30) days have passed since supplying Defendant with same.
9. AH conditions precedent to recovery have been performed or have occurred.
10. Pursuant to MCLA § 500.3142 Defendant owes Plaintiff 12% penalty interest on all overdue personal protection benefits.
11. Pursuant to MCLA § 500.3148 in addition to the personal protection benefits owed, Defendant owes attorney fees for it's unreasonably refusal to pay the claim or for its unreasonable delay in making proper payment.
12. Although requested to do so, Defendant has failed or refuses and/or neglected to pay Plaintiffs benefits provided in accordance with MCLA § 500.3101 et seg., under said policy of insurance and as of this date. Defendant owes Plaintiff for:
A. Loss of income.
B. Medical and/ or hospital expenses and/or medical supplies and attention.
C. Necessary replacement services.
D. Necessary attendant care services.
E. Reasonable arid necessary travel expenses.
13. The insurance policy above referred to under which Plaintiff brings this action is:
Named Insured; Federal Express
14. Pursuant to MCLA § 500.3142 Defendant owes Plaintiff 12% penalty interest on all overdue personal protection benefits,
15. Pursuant to MCLA § 500.3148 in addition to the personal protection benefits owed, Defendant owes attorney fees for it's unreasonably refusal to pay the claim or for its "unreasonable delay in making proper payment,
16. The amount in controversy herein exceeds the sum of Twenty-five Thousand Dollars ($25,000), and that declaratory and/or equitable relief is sought
17. That Plaintiff is hereby making a claim for uninsured motorist benefits.
WHEREFORE, Plaintiff demands the following relief:
A. This Court grant a Judgment against Defendant in whatever amount Plaintiff is found to be entitled, together with interest, costs and actual attorney fees for
Defendant's unreasonable and unlawful failure to pay said No-Fault benefits.
B. The Court order the speedy hearing of this action and advance it on the calendar, as made and provided in MCR 2.605(D).
C. This Court issue an Order to Show Cause.
D. This Court grant such other and further relief as is necessary and proper in the above cause."