Michigan Court of Appeals; Docket No. 51909; Published
Judges Cynar, Cavanagh, and Kelly; Memorandum Order
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Calculating Attorney Fees Not Based on Contingent Fee [§3148]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a memorandum order following a motion, the Court of Appeals awarded attorney fees under §3148 of the statute to a successful no-fault claimant after the insurance company's application for leave to appeal was dismissed. The principal amount of the overdue benefits involved in this case was the sum of $981. Plaintiff was awarded this amount in District Court together with an attorney fee in the amount of $875. The award was affirmed on appeal to the Circuit Court and an additional $300 attorney fee was assessed. After the Court of Appeals dismissed the insurance company's application for leave to appeal, it awarded an additional $740 as reasonable attorney fees to plaintiff. The attorney fees awarded in this case were calculated at the rate of $80 per hour. Plaintiff’s attorney was able to present detailed records to the Court of Appeals delineating the hours spent on the case. No formal opinion was issued by the Court of Appeals.