Louis Leonor v. Provident Life & Accident Co, et al

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OPINION and JUDGMENT filed : The district court s grant of summary judgment to Leonor on his contract claims is AFFIRMED, its denial of penalty interest to Leonor under M.C.L. 500.2006(4) is REVERSED, and the case is REMANDED with instructions to modify the award to include penalty interest under the statute. Decision for publication. Gilbert S. Merritt, Danny J. Boggs, and John M. Rogers (AUTHORING), Circuit Judges. [14-2120, 14-2152]

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Case: 14-2120 Document: 34-3 Filed: 06/24/2015 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 14-2120/2152 LOUIS LEONOR, Plaintiff - Appellee/Cross - Appellant, FILED Jun 24, 2015 DEBORAH S. HUNT, Clerk v. PROVIDENT LIFE AND ACCIDENT COMPANY; PAUL REVERE LIFE INSURANCE COMPANY, Defendants - Appellants/Cross - Appellees. Before: MERRITT, BOGGS, and ROGERS, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Eastern District of Michigan at Detroit. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s grant of summary judgment to Leonor on his contract claims is AFFIRMED, its denial of penalty interest to Leonor under M.C.L. § 500.2006(4) is REVERSED, and the case is REMANDED with instructions to modify the award to include penalty interest under the statute. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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