Insurer Ordered to Pay No-Fault Benefits, Significant Interest and Attorney Fees
Plaintiff obtained a trial verdict against a no-fault insurer for failure to pay no-fault benefits, replacement services, attendant care and medical care arising from a serious motor vehicle accident (PIP benefits). The jury found for the plaintiff and awarded more than $100,000 in interest.
The trial court further agreed that because of Plaintiff counsel’s qualifications, experience, complexity of the case, and case outcome, that he warranted an attorney fee in the amount of $750 per hour. The total verdict was $1,221,097.37 before interest was added. The court premised the award of interest and attorney fees upon MCL §500.3148 of the No-Fault Statute which provides for “a reasonable fee for advising and representing a claimant” where an insurer unreasonably refuses to a pay a PIP claim or unreasonably delayed making proper payment. According to §500.3142 of the No-Fault Statute, a personal injury protection claim becomes “overdue” if not paid within 30 days after an insurer receives “reasonable proof” of the claim. Michigan case law holds that a “reasonable attorney fee” is based upon numerous subjective factors which gives wide discretion to the trial judge in making the determination.
This trial verdict was reported in the Michigan Lawyers Weekly on March 21, 2022. Contact Peter Angelas if you would like more information on the case.
ABOUT ALEXANDER & ANGELAS, P.C.
Alexander & Angelas, P.C. represents defendants in civil liability litigation across Michigan and Northern Ohio. The firm’s practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Attorneys practice in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio. Since its founding in 1992, the firm has litigated over 4,000 civil cases.
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan and Northern Ohio.
Alexander & Angelas, P.C. measures its performance based upon three key metrics: aging of claims, indemnity expense, and legal defense costs. The firm refuses to over-litigate cases merely to increase legal fees and strives to resolve matters within one year from initial case assignment. Contact Peter Angelas to discuss a potential matter.
