Mich. Court Reverses Setoff Ruling for Insurer

TROY, Mich. - A Michigan appeals court reversed a trial court decision to apply a setoff to an insurance award and increased the judgment in favor of the insured homeowner by nearly $90,000. Riley v. State Farm Fire and Casualty Co., et al., No. 276195 (Mich. Ct. App.).

Michigan's Second District Court of Appeals said in its unpublished opinion on Sept. 25 that because the judgment is more than the pre-trial settlement offer made by State Farm Fire and Casualty Co., the insurer is also statutorily liable for the plaintiff's actual court costs.

Gwiniov J. Riley sued State Farm for …