MARKMAN, J. (dissenting).
I would grant leave to appeal to consider whether the Court of Appeals properly extended Darnell v. Auto-Owners Ins Co, 142 Mich. App 1 (1985), to hold defendant liable for plaintiffs personal protection insurance benefits after defendant began paying those benefits, but then ceased after determining that another insurer had priority. Because Darnell, supra at 12, considered a priority dispute in the context of determining liability for attorney fees pursuant to MCL 500.3148, I question its relevance in determining liability for actual benefits.