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§500.3148:     PENALTY ATTORNEY FEES

  1. Requirement That Benefits Were Overdue [§3148(1)]
  2. Requirement That Benefits Were Unreasonably Delayed or Denied [§3148(1)]
  3. Presumption of Unreasonableness
  4. Conduct Establishing Unreasonable Delay or Denial
  5. Bona Fide Factual Uncertainty / Statutory Construction Defense
  6. Calculating Attorney Fees Based on Contingent Fee
  7. Calculating Attorney Fees Not Based on Contingent Fee
  8. Penalty Interest on Penalty Attorney Fees
  9. Penalty Attorney Fees for Service Providers
  10. Penalty Attorney Fees and Other Court Rule Sanctions
  11. Penalty Attorney Fees on Appeal
  12. Penalty Attorney Fees Between Insurers
  13. Insurer’s Right to Penalty Attorney Fees for Fraudulent / Excessive Claims [§3148(2)]
  14. General / Miscellaneous
  15. Limitations on Penalty Attorney Fee Awards for Future Attendant Care and Nursing Care Services [§3148(4)]§3148(4)]

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