Swartzle, P.J.
There was a time under the common law when a witness had to swear belief in a Supreme Being before testifying in court. This time passed, and the common-law rule was set aside. Today, a witness cannot be questioned about beliefs or opinions on religion, and especial care must be taken that these beliefs or opinions not be used to impair or enhance a witnesss credibility.
During the jury trial in this case, plaintiffs wife was asked about her and her husbands religious opinions for the purpose of bolstering her credibility, and this was error. Whether this error requires automatic reversal or, instead, this error requires a showing of prejudice before relief can be had is the question we address here. Concluding that, in a civil action, a party must show prejudice from the improper admission of religious belief or opinion testimony before reversal can be had, yet finding defendant has not shown such prejudice here, and finding no other reversible error, we affirm.
I. BACKGROUND
In Docket No. 336234, defendant Fremont Insurance Company appeals as of right a judgment awarding plaintiff Abdul Nahshal $130,256.24 for no-fault personal protection insurance (PIP) benefits. In Docket No. 336919, defendant appeals as of right the trial courts subsequent order awarding plaintiff taxable costs, attorney fees, penalty interest, and judgment interest.
Plaintiff was involved in a roll-over automobile accident from which he sustained injuries to his chest, shoulder, back, and neck. Following the accident, plaintiff also suffered from post-traumatic stress disorder. Before the accident, plaintiff worked as a server at both the Detroit Athletic Club and Greektown Casino, where he received compensation in the form of wages and tips. Plaintiff returned to work at Greektown Casino approximately five weeks after the accident, but he had to change roles from server to cashier because of his injuries. Plaintiff never returned to work at the Detroit Athletic Club.
Plaintiff sought work-loss and related benefits from defendant, his no-fault insurer, including nearly $5,000 per month for lost income and additional amounts for attendant-care and replacement-services benefits. Plaintiffs wife testified at trial that, for several weeks after the accident, it was difficult for plaintiff to do anything because of his injuries. According to plaintiffs wife, she had to help plaintiff to the bathroom for approximately two weeks after the accident. She submitted paperwork to defendant, documenting the assistance she provided to plaintiff. As relevant to this appeal, Attendant Care Service Compensation Claim Forms for October and November 2013 record that plaintiffs wife provided toileting assistance for 17 days. Plaintiffs primary-care physician corroborated plaintiffs wifes testimony that plaintiff was disabled from household duties and needed personal-attendant care.
Defendants claims specialist testified at trial that she determined plaintiffs work-loss benefit to be $2,500 per month based on the calculation of a certified public accountant (CPA). The difference between defendants payment and plaintiffs requested amount appears to be based on a disagreement on how plaintiffs tip income should have been calculated. The purported CPAs calculation is not in the record. As of trial, defendant had paid plaintiff a total of $40,000 in work-loss and replacement-services benefits.
Several attempts were made to settle the matter before trial, and the case-evaluation panel recommended a settlement in plaintiffs favor. Defendant rejected the recommendation, and the dispute proceeded to trial. At trial, defendant argued that plaintiff made false statements to defendant to bolster his claim and that dismissal was warranted based upon a fraud-exclusion provision in defendants policy. The provision at issue is entitled Concealment or Fraud and provides:
We will not cover any person seeking coverage under this policy who has intentionally concealed or misrepresented any material fact, made fraudulent statements, or engaged in fraudulent conduct with respect to the procurement of this policy or to any accident or loss for which coverage is sought.
Defense counsel brought up the subject of fraud with plaintiffs wife, questioning whether plaintiffs wifes recordkeeping was honest. On redirect, plaintiffs wife testified as follows:
Q. Okay. Now Ms. Nahshal, are you a religious person?
A. Yes.
[Defense Counsel] : Your Honor, objection to religion and its beyond the scope of my cross.
[Plaintiffs Counsel] : And hes attacking her honesty, Your Honor.
[The Trial Court] : The Court will take the answer.
Q. And have you been a religious person all your life?
A. Yes.
Q. Okay. And your husband, he, you married him the year he came to the United States?
A. Correct.
Q. Almost 31 years ago?
A. Um-hmm.
Q. And was he a religious person?
A. He was, he was a little, but when I married him he got to be better, more.
Q. Okay. And how did that change after this collision?
A. He used to go, when he used to come home from work he used to stop at the local mosque and pray whatever pray hes already, cause we pray five times a day.
So if one prayer already finished hell go and pray and come home, so.
Q. And-
A. And I see him, I see him, he used to pray, but now I dont see him pray. I dont, we pray five times a day like I said, I dont see him pray.
Q. Is honesty important to you?
A. Its very, very. Everybody knows me knows Im honest.
Q. And have you been honest today and-
A. Yes, I have.
Q. -in the past?
Almost three years of recordkeeping for-
A. Yes, I have.
Q. -for the insurance company?
A. Yes.
Defendant also brought up the subject of fraud during its cross-examination of plaintiff, specifically with respect to attendant care. Plaintiff testified on cross-examination as follows:
Q. Okay. All right. [Your wife] also said that she, you needed assistance going to the bathroom; correct?
A. For the first two or three weeks, yes.
Q. Okay. She submitted it for one year, did you need it for one year or you only need it for a couple of weeks?
A. For the shower, Yes.
Q. Okay, I asked-
A. For the bathroom, no.
Q. Okay. For a year you could not take a shower, is that what youre saying?
A. I can, but I cannot clean my back.
Q. What about going to the bathroom, could you get up and go to the bathroom?
A. Absolutely.
Q. Absolutely?
A. Yes, sir.
Q. Okay. Well then let me, and you could always do that; correct?
A. I can go to the bathroom.
Q. Excuse me?
A. I can go to the bathroom.
Q. Okay. All right. I want to show you documents that weve marked as Exhibit Q. And do you know what your wifes signature looks like?
A. Of course.
Q. Okay. Is that your wifes signature?
A. Yes.
Q. Okay. So if your wife submitted benefits and shes asking for $80,000 from Fremont Insurance because she says you cant go to the bathroom without her, was that untrue?
A. Yeah, that should be untrue.
Q. Okay, so thats untrue.
So what your wife submitted to Fremont Insurance Company was untrue; is that correct?
A. Im saying about that, about bathroom....
* * *
Q. Okay. The specific question is if your wife submitted claims that she had to take you to the bathroom everyday cause you were too physically injured, thats not true is it?
A. To the bathroom, using the bathroom, no.
Q. Okay. So what your wife submitted to Fremont Insurance Company was not true, correct?
A. In everything on that matter.
Q. Okay. But just about the bathroom is untrue?
A. Yes, about the bathroom.
Defense counsel was not able, however, to point to anything in the trial record showing that plaintiffs wife actually sought reimbursement for $80,000 related to helping her husband with his toiletry needs for a year. Nor could defense counsel identify a record to this effect during oral argument on appeal.
At the close of plaintiffs case-in-chief, defendant moved for a directed verdict, arguing that plaintiff admitted that his wife engaged in fraud, thereby voiding the policy. The trial court denied the motion, but allowed an instruction regarding fraud to be presented to the jury. In closing argument, plaintiffs counsel asked the jury to award $129,634.86 in work-loss benefits, $23,550 in attendant-care benefits, and $19,380 in replacement-services benefits. The jury found defendant liable and awarded plaintiff $129,044.24 in work-loss benefits, $312 in attendant-care benefits, and $900 in replacement-services benefits.
Defendant moved for judgment notwithstanding the verdict (JNOV), again arguing that the record showed that the policy was voided by fraud and citing plaintiffs testimony regarding toileting. The trial court denied the motion, noting that the question of fraud was presented to, and rejected by, the jury. The trial court entered a judgment that was stayed pending appeal.
Plaintiff then moved for attorney fees, costs, and interest, arguing that defendants unreasonable failure to pay work-loss benefits entitled plaintiff to payment of those fees under the no-fault act, MCL 500.3101 et seq. At the hearing on plaintiffs motion, the trial court noted that defendant had essentially agreed to the award of attorney fees from the time of case evaluation and that, therefore, the issue is is [sic] attorney fees from ... the beginning. After the parties had made their arguments, the trial court noted that it had lived this case for the last couple of years. The trial court stated that a verdict was rendered in plaintiffs favor but theres a little bit more to the story in that regard. The trial court then reasoned as follows:
[T]his was an a accident where the car was upside down. The gentleman was extricated, he was taken to the emergency room.
There was a long litany of things that happened to him in terms of medical and his employment.
Its significant to know, I think its, the Court think [sic] its significant, this wasnt some brand new adjuster just out of adjuster school, if you will, this person had 21 years of experience as Im reminded this morning. Knows the ropes if you will.
But this is a Plaintiff that was sent to three IMEs [independent medical evaluations].
The first two IMEs essentially agreed with Plaintiff that Plaintiff needed to see certain medical providers and had significant work restrictions.
If that werent enough to get this matter moving from the adjusters perspective then there was a third IME that wasnt given, it came out at trial wasnt given complete medical records.
Case eval was accepted by the Plaintiff.
This Court attempted to settle this matter I think on a number of occasions.
This case was facilitated and at the end of the day it went to trial, Plaintiff was successful.
Plaintiff request[ed] that the Defendant[]s failure to pay the wage loss, no fault benefits was unreasonable. At this point with the benefit of hindsight, if you will, and sitting through the trial and all of the evidence the Court can make that conclusion.
Certainly taxable costs are awardable, which I believe are in excess of $9,000.
The attorney fees Plaintiff accepted case eval, Plaintiffs bettered their position greater than 10 percent. I dont think that Defendant has argued that and in essence has conceded the attorney fees from the date of the case eval, accept reject.
The issue is is [sic] are we going back to the beginning in terms of the unreasonableness, and from what the Court has now seen the Court would concur.
And then theres the issue of no fault penalty interest which is in light of the above the Court is awarding pursuant to MCL 500.3142(3), and Judgment interest as well pursuant to 600.6013(6).
* * *
The big picture is is [sic] that Im granting it certainly from a case evaluation standpoint, as well as from the date of beginning.
These appeals followed.
II. ANALYSIS
A. USING RELIGION TO ENHANCE WITNESS CREDIBILITY
We begin our analysis with defendants claim that it is entitled to a new trial based on the trial courts erroneous admission of testimony regarding the religious beliefs or opinions of plaintiff and his wife in violation of MCL 600.1436 and MRE 610. We conclude that the trial court erred in admitting the plaintiffs wifes testimony on the subject, but the error did not affect defendants substantial rights under MRE 103 and, therefore, the error is not grounds for a new trial.
1. TESTIMONY ABOUT RELIGIOUS BELIEFS OR OPINIONS
In old time, the common law required that a witness swear to belief in a Supreme Being before testifying, the rationale being that only a believer who risked divine punishment would feel compelled to testify truthfully. See 28 Wright & Gold, Federal Practice and Procedure: Evidence, § 6152, p. 308 ; People v. Bouchee , 400 Mich. 253, 264 n. 6, 253 N.W.2d 626 (1977). Unfortunately, this legal rule suffered from being both over-inclusive (if the witness was a liar, then wouldnt he lie about being a believer too?) and under-inclusive (were all atheists really all liars all the time?). The rule also suffered from a version of the liars paradox-consider the statement, My testimony is false (if said by a nonbeliever, then that witness would only testify falsely, but then the statement is actually true; if said by a believer, then that witness would only testify truthfully, but then the statement is actually false-in other words, if false, then true; if true, then false). If this were not bad enough, the rule could result in testimony highly prejudicial to a party when a juror was biased for or against a particular religious belief or opinion. A legal rule that is over-inclusive, under-inclusive, paradoxical, and prejudicial has little to offer and much to avoid.
Michigan long ago cast away this common-law rule. Our Constitution of 1963 states, No person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief. Const. 1963, art. 1, § 18. Moreover, since 1842, it has been the statutory law of the land that a witness cannot be questioned about a persons opinions on religion. See 1842 PA 18; see also MCL 600.1436 (current version) (No witness may be questioned in relation to his opinions on religion, either before or after he is sworn.). Our rules of evidence likewise reflect this principle: Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness credibility is impaired or enhanced. MRE 610. While evidence of religious matters may be relevant in certain narrow contexts, see, e.g., People v. Jones , 82 Mich. App. 510, 515, 267 N.W.2d 433 (1978) (noting that testimony about church attendance was permissible when church membership was a fact at issue), if testimony about religious beliefs or opinions is offered to impair or enhance credibility, then that testimony must be excluded.
2. THE ISSUE IS PRESERVED
Initially, plaintiff argues that this issue is unpreserved. To preserve an evidentiary error for appeal, a party must object at trial on the same ground that it presents on appeal. Klapp v. United Ins. Group Agency Inc. (On Remand) , 259 Mich. App. 467, 475, 674 N.W.2d 736 (2003). Counsel must state the specific ground of objection, if the specific ground was not apparent from the context. MRE 103(a)(1).
When plaintiffs counsel asked plaintiffs wife whether she was a religious person, defense counsel immediately objected. While defense counsel did not specify a statute or rule of evidence, counsel noted that the objection was based on religion, to which plaintiffs counsel responded that plaintiffs wifes honesty had been attack[ed]. Based on the specific objection and response as well as the context in which these were given, it is apparent from the record that defense counsels objection was to the admission of testimony about the witnesss religious beliefs or opinions for the purpose of her credibility. Accordingly, this issue is preserved.
When an evidentiary issue is preserved, a trial courts decision whether to admit evidence is reviewed for an abuse of discretion, but preliminary legal determinations of admissibility are reviewed de novo. Albro v. Drayer , 303 Mich. App. 758, 760, 846 N.W.2d 70 (2014). An abuse of discretion generally occurs only when the trial courts decision is outside the range of reasonable and principled outcomes, but a court also necessarily abuses its discretion by admitting evidence that is inadmissible as a matter of law. Hecht v. Natl Heritage Academies, Inc. , 499 Mich. 586, 604, 886 N.W.2d 135 (2016) (citations omitted).
3. TESTIMONY ON RELIGIOUS BELIEFS OR OPINIONS
Turning to the merits, we consider first whether the testimony actually concerned a persons religious beliefs or opinions. Plaintiffs wife was asked about whether she and plaintiff were religious person[s], how long and to what extent they were religious persons, and, during this colloquy, whether honesty was important to her, to which she responded: Its very, very. Everybody knows me knows Im honest. Whether someone is a religious person can, somewhat vexingly, be understood in different ways. On the one hand, being a religious person might mean, as one example, that the person regularly attends a church or mosque. Being a religious person might also mean, as another example, that the person self-identifies with a specific religious sect, such as Catholicism or Reform Judaism. None of these meanings would necessarily implicate the persons actual beliefs or opinions about religion. On the other hand, being a religious person might mean, and might be understood by others to mean, that the person ascribes to certain religious beliefs or opinions.
To determine how the phrase was intended to be understood by the jury, we again look to the context in which it was presented. Counsel asked plaintiffs wife about whether she was a religious person to bolster her credibility as a witness. Counsel admitted as much during the colloquy when, in response to the objection, counsel responded, And [defense counsel is] attacking her honesty, Your Honor. There is little in reason or experience to the suggestion that a religious person is honest simply because she attends religious services or identifies with a particular sect. Stated differently, it does not follow that because a person regularly attends a religious service or belongs to a particular sect, therefore, based on the bare fact of that attendance or membership, the person must be honest. There is, however, much more to the suggestion that a religious person is honest precisely because that person believes in a Supreme Being who will deliver divine punishment for dishonesty-and it is precisely this type of suggestion that the law no longer permits during judicial proceedings.
It is evident from the colloquy that counsel asked plaintiffs wife whether she was a religious person to bolster her credibility before the jury. The inference intended to be drawn by jurors was that plaintiffs wife was a pious believer and that, because of this, honesty was very, very important to her. Similar statements have been held to be improper under the law. See, e.g., People v. Blair , 82 Mich. App. 719, 720, 267 N.W.2d 164 (1978) (finding that questions on whether the criminal defendant was a religious man violated the statute); People v. Killingsworth , 80 Mich. App. 45, 54, 263 N.W.2d 278 (1977) (concluding that asking a defendant about whether she attended church was sufficient to violate the law); but see People v. Calloway (On Remand) , 180 Mich. App. 295, 297-298, 446 N.W.2d 870 (1989) (questioning a witness about whether she was a religious person was not sufficient alone to violate the statute when the question had nothing to do with the witnesss credibility and the question was relevant to the witnesss activities at the time of the murder). Given the context, we conclude that the colloquy fell within the statutory and evidentiary prohibitions and, as a result, the trial court abused its discretion by admitting the improper testimony.
4. AUTOMATIC REVERSAL OR REVIEW FOR PREJUDICE?
Defendant argues that our analysis should now be at an end-when religious belief or opinion testimony is admitted for purposes of impairing or enhancing a witnesss credibility, reversal is automatic. In support, defendant relies on our Supreme Courts decision in People v. Hall , 391 Mich. 175, 215 N.W.2d 166 (1974), and its progeny. Were we to apply the remedy in Hall , reversal would be automatic. And yet, automatic reversal is generally disfavored and is inconsistent with our courts modern harmless-error jurisprudence. People v. Graves , 458 Mich. 476, 481-482, 581 N.W.2d 229 (1998) ; see also MRE 103(a) (providing that an evidentiary error is harmless unless it affects a partys substantial right").
Hall was a criminal appeal from an uttering-and-publishing conviction. The defendant had testified on his own behalf, and on cross-examination, the prosecutor inquired whether the defendant believe[d] in the Supreme Being? Hall , 391 Mich. at 180, 215 N.W.2d 166. Defense counsel did not object, and the defendant replied, Yes, I do. Id . Immediately following, the prosecutor asked the defendant whether he would not tell a falsehood to save [him]self, making clear why the prosecutor had asked the previous question. Id. The Supreme Court concluded that this line of questioning violated MCL 600.1436. Id. at 181, 215 N.W.2d 166. As to the remedy, the Supreme Court rejected a case by case review for prejudice, explaining that this would emasculate our statute and the legislative intent behind it. Id. at 182, 215 N.W.2d 166. Instead, it opted for a rule of automatic reversal, declaring: A defendant is entitled to a trial free of such improper questions. Once the question is asked, this is no longer possible. A new trial is mandated. Id. at 182-183, 215 N.W.2d 166.
Subsequent decisions have extended this rule of automatic reversal to instances when a witness is asked about a criminal defendants religious beliefs or opinions, Bouchee , 400 Mich. at 264, 253 N.W.2d 626, and when a criminal victim is asked about the victims own religious beliefs or opinions, People v. Wells , 82 Mich. App. 543, 545-546, 267 N.W.2d 448 (1978). Other decisions have narrowed the rule, finding it inapplicable when the trial court takes swift and commendable action to cut off the improper questioning, People v. Burton , 401 Mich. 415, 418, 258 N.W.2d 58 (1977), or when a third-party witness is questioned about that witnesss own religious beliefs or opinions, not a criminal defendants, People v. McLaughlin , 258 Mich. App. 635, 663-664, 672 N.W.2d 860 (2003).
In support of defendants claim for automatic reversal in this case, neither the statute nor the rule of evidence applies solely to criminal actions; rather, by their plain terms, both apply to civil as well as criminal matters. Moreover, it is at least arguable that the religious beliefs or opinions of a party, not just a witness, were explored during the trial here, given the wifes brief testimony about plaintiffs own religious practices. Nor did the trial court take swift action to cut off the line of questioning. Yet, unfortunately for defendant, this is the end of any support for its position.
First, to restate, automatic reversal is generally disfavored. Graves , 458 Mich. at 481, 581 N.W.2d 229. The rule is used sparingly, almost always in the context of a structural error of constitutional dimension, see, e.g., Neder v. United States , 527 U.S. 1, 8, 119 S.Ct. 1827, 144 L.Ed.2d 35 (1999) (identifying a very limited class of constitutional errors that are deemed structural and thus subject to automatic reversal) (citation and quotation marks omitted), and similarly almost always in the context of a criminal action, see, e.g., id. at 8-9, 119 S.Ct. 1827 (explaining that these errors deprive defendants of basic protections without which a criminal trial cannot reliably serve its function as a vehicle for determination of guilt or innocence ... and no criminal punishment may be regarded as fundamentally fair) (emphasis added, citation and quotation marks omitted); but see Pellegrino v. AMPCO Sys. Parking , 486 Mich. 330, 351 n. 14, 785 N.W.2d 45 (2010) (noting that Batson errors are, in fact, structural and require automatic reversal and applying the rule in a civil action). It is true that Hall s automatic-reversal rule is one of the rare instances when such a rule is applied in a nonconstitutional context. See Hall , 391 Mich. at 181-183, 215 N.W.2d 166 (quoting the constitutional provision regarding a witnesss competency based on his opinions on matters of religious belief but concluding that it was violation of the statute that justified automatic reversal) (citation omitted). With that said, Hall s automatic-reversal rule has been the law since 1974, and since then, courts have only applied it in criminal actions, not civil ones. This narrow application and the reasonable inference to be drawn should not be ignored.
Second, supporting a narrow application, there is early caselaw suggesting that the rule of automatic reversal should not apply in civil actions when testimony about religious beliefs or opinions is offered. In In re Morse Estate , 146 Mich. 463, 109 N.W. 858 (1906), the Supreme Court considered a previous version of the statute, 1897 CL 10207. Similar to MCL 600.1436, 1897 CL 10207 provided that no person shall be deemed incompetent as a witness in any court, matter, or proceeding on account of his opinions on the subject of religion, nor shall any witness be questioned in relation to his opinions thereon, either before or after he shall be sworn. In re Morse Estate , 146 Mich. at 469, 109 N.W. 858. In re Morse Estate involved a civil lawsuit in which several witnesses were questioned about their own religious beliefs or the religious beliefs of other witnesses. Id . at 469-470, 109 N.W. 858. Counsel objected to some of the questions, but the trial court overruled and allowed the testimony. Id . On appeal, the Supreme Court declined to reverse the jury verdict, despite the violation of 1897 CL 10207. The Supreme Court explained that, even for those inquiries that which objections were made, the inquiries did not create any prejudice. Id.
Neither the Hall Court nor any subsequent decision of the Supreme Court has expressly overruled In re Morse Estate or otherwise suggested that the decision is no longer good law. This Court is bound to follow decisions by [the Supreme Court] except where those decisions have clearly been overruled or superseded. Associated Builders & Contractors v. Lansing , 499 Mich. 177, 191, 880 N.W.2d 765 (2016). Although it is not clear whether the issue here-automatic reversal versus prejudice review-was squarely presented in In re Morse Estate , it is consequential that the Supreme Court reviewed the improper testimony for prejudice before deciding whether to reverse.
Third and finally, limiting Hall s automatic-reversal rule to the criminal context makes sense. As explained in Graves , there are good reasons that automatic reversal is disfavored for the mine-run of cases. It is inefficient, requiring additional proceedings in the trial court, which a prejudice analysis might otherwise show is not necessary. Moreover, the passage of time, erosion of memory, and dispersion of witnesses may render retrial difficult, even impossible. Graves , 458 Mich. at 481 n. 4, 581 N.W.2d 229 (quotation marks, citation, and brackets omitted). These and other social costs are effectively minimized by application of traditional harmless-error and plain-error standards of appellate review. Other jurisdictions have arrived at a similar conclusion. See, e.g., Medes v. Geico Corp. , 97 Conn. App. 630, 633-634 & n. 2, 905 A.2d 1249 (2006) (reviewing for prejudice the improper testimony of a persons religious beliefs or opinions); Steele v. Inn of Vicksburg, Inc. , 697 So.2d 373, 377-378 (Miss., 1997) (same); Kolaric v. Kaufman , 261 Cal. App. 2d 20, 27-28, 67 Cal.Rptr. 729 (1968) (same).
Therefore, because Hall s automatic-reversal rule has been applied only in the criminal context, and because there is support in precedent and logic to reject the rule in the civil context, we will eschew Hall s rule and review the improper religious belief or opinion testimony for prejudice.
5. THE ERROR DOES NOT REQUIRE REVERSAL
Because the issue was preserved, we review the admission of the improper testimony to determine whether such admission was harmless error or reversible error under MRE 103(a). A trial courts error is harmless if, based on review of the entire record, it is more probable than not that the error was not outcome determinative; if the probability runs in the other direction, then it is reversible error. Barnett v. Hidalgo , 478 Mich. 151, 172, 732 N.W.2d 472 (2007) ; see also MCR 2.613(A) ; Mitchell v. Kalamazoo Anesthesiology, PC , 321 Mich. App. 144, 157-158, 908 N.W.2d 319 (2017).
Our review of the record confirms that it was more probable than not that the admission of the improper testimony was not outcome determinative. Plaintiffs wifes credibility was attacked with respect to the extent of attendant care claimed by plaintiff. Yet, several witnesses, including plaintiff and his treating physician, testified about plaintiffs need for services after the accident. Moreover, the improper testimony was offered in response to defendants assertion that plaintiffs wife had submitted false reports to defendant-specifically, that plaintiffs wife had claimed that she was entitled to $80,000 for her assistance in helping plaintiff to the bathroom for a year. Yet, defendant provided no documentary evidence to back up this assertion in the first place. The relevant documentation submitted to defendant did not mention an $80,000 claim-the documentation instead showed that plaintiffs wife claimed that she helped defendant with toileting for 17 days, consistent with her trial testimony that she helped plaintiff to the bathroom for a couple of weeks. Finally, despite finding that plaintiff was entitled to attendant-care and replacement-services benefits, the jury only awarded plaintiff $312 and $900, respectively, for those services, which was substantially less than the requested amount. Thus, the jurys verdict indicates that it was not swayed by the improper inquiry into religious beliefs or opinions. Accordingly, although the trial court erred by admitting the improper testimony, the error was harmless and reversal is not required.
B. DIRECTED VERDICT OR JNOV
Defendant next argues that the trial court erred by denying its motions for directed verdict or JNOV. Defendant argues that documentation submitted in support of plaintiffs claim was demonstrably false, thereby triggering the fraud exclusion contained in the insurance policy. We review de novo a trial courts decision with regard to both a motion for a directed verdict and a motion for JNOV. Taylor v. Kent Radiology, PC , 286 Mich. App. 490, 499, 780 N.W.2d 900 (2009). Both motions are essentially challenges to the sufficiency of the evidence in support of a jury verdict in a civil case. Id .. A directed verdict or JNOV is only appropriate when, viewing the evidence in the light most favorable to the nonmoving party, the moving party is entitled to judgment as a matter of law. Id . at 499-500, 780 N.W.2d 900. If reasonable persons, after reviewing the evidence in the light most favorable to the nonmoving party, could honestly reach different conclusions about whether the nonmoving party established his or her claim, then the question is for the jury. Id . at 500, 780 N.W.2d 900.
In Bahri v. IDS Prop. Cas. Ins. Co. , 308 Mich. App. 420, 423-425, 864 N.W.2d 609 (2014), this Court held that to void a policy under a fraud exclusion based on a willful misrepresentation of a material fact, the insurer must prove: (1) the representation was false; (2) the representation was material; (3) the insured made the representation (a) knowing that it was false or (b) recklessly, without any knowledge of its truth; and (4) the insured made the representation with the intention that the insurer act upon it. When there is a question of fact on at least one of the elements, and the insured is not otherwise entitled to summary disposition, the matter is one for the jury. Shelton v. Auto-Owners Ins. Co. , 318 Mich. App. 648, 656, 899 N.W.2d 744 (2017).
Defendant argues that plaintiff admitted that his wife submitted a false claim for $80,000 based on a false report that she helped plaintiff in going to the bathroom every day for a year. Yet, as noted earlier, nowhere in the records provided to the trial court does plaintiffs wife seek $80,000 for assistance with plaintiffs toileting for a year; rather, the documentation she sent to defendant indicates that she helped plaintiff with toileting for 17 days following plaintiffs accident. This documentation is consistent with her testimony that she helped plaintiff to the bathroom for a couple weeks following plaintiffs accident. It is unclear where in the record defendants trial counsel came up with the purported $80,000 for one year of toileting assistance, and defendant has similarly failed to clarify the matter on appeal. Defendant bore the burden of proving an intentional misrepresentation sufficient to invoke its policy exclusion. Because defendant has not proved the factual predicate supporting its argument, defendant was not entitled to a directed verdict or JNOV.
C. ATTORNEY FEES
Finally, defendant argues that the trial court applied the wrong legal standard and committed plain factual error in awarding attorney fees to plaintiff. The no-fault act provides for attorney fees when an insurance carrier unreasonably withholds benefits. Ross v. Auto Club Group , 481 Mich. 1, 7, 748 N.W.2d 552 (2008) ; see also MCL 500.3142. A judgment that an insurer owes PIP benefits that have not already been paid to the insured creates a rebuttable presumption that the refusal or delay in paying benefits was unreasonable. Attard v. Citizens Ins. Co. of America , 237 Mich. App. 311, 317, 602 N.W.2d 633 (1999). Thus, the insurer bears the burden of showing that the withholding was based on a legitimate question of statutory construction, constitutional law, or factual uncertainty. Id .The trial courts finding of unreasonable refusal or delay will not be reversed unless it is clearly erroneous. McKelvie v. Auto Club Ins. Assn , 203 Mich. App. 331, 335, 512 N.W.2d 74 (1994). After the trial, plaintiff moved for attorney fees based on defendants refusal to pay the full amount of work-loss benefits owed. In ruling on plaintiffs motion, the trial court stated that its conclusion was based on the benefit of hindsight and the evidence presented at trial. Yet, the relevant inquiry is not whether the insurer ultimately is held responsible for a given expense, but whether its initial refusal to pay the expense was unreasonable. McCarthy v. Auto Club Ins. Assn , 208 Mich. App. 97, 105, 527 N.W.2d 524 (1994). The trial courts reference to the benefit of hindsight suggests that it may have made its decision on attorney fees based on the jurys ultimate finding of liability, though admittedly the phrase and context are ambiguous on this point.
We need not resolve the ambiguity here because any error was harmless. The record makes clear that defendant failed to overcome the statutory presumption that it was unreasonable not to pay the full amount of work-loss benefits owed. Defendants claims specialist testified that she based her decision to authorize a lower reimbursement on certain CPA calculations, but defendant failed to produce any evidence corroborating this assertion. By failing to produce any records, there was no basis for the trial court, or this Court on appeal, to determine whether defendants reliance on the purported CPA calculations was reasonable. Thus, the trial court was warranted in awarding attorney fees to plaintiff, regardless of whether it stated the proper standard during the hearing.
III. CONCLUSION
The law no longer requires or even permits the questioning of a witness about religious beliefs or opinions, especially when such questioning is intended to impair or enhance a witnesss credibility. The trial court erred by permitting plaintiffs counsel to question plaintiffs wife about her and her husbands religious beliefs and opinions. As to the remedy, while there is a time to follow Hall s automatic-reversal rule for such errors, there is a time to follow a different path. As explained earlier, we conclude that the automatic-reversal rule does not apply in civil lawsuits and that any improper religious belief or opinion testimony should be reviewed for prejudice on appeal.
Because the issue was preserved, we review the improper testimony under this jurisdictions harmless-error standard. Finding no reversible error, either with the improper testimony or the other claims raised by defendant, we affirm both the judgment and the award of attorney fees. As the prevailing party, plaintiff may tax costs under MCR 7.219.
Shapiro and Boonstra, JJ., concurred with Swartzle, P.J.
In distinguishing criminal actions from civil ones, we admittedly paint with a broad brush. We recognize that there are a limited set of civil actions that have criminal-like aspects, such as parental-termination actions. The present action does not fall within that limited set, and, accordingly, we take no position on whether actions in that set should be subject to Hall s automatic-reversal rule for violation of MCL 600.1436 or MRE 610.