Michigan Court of Appeals; Docket Nos. 118220 and 120089; Unpublished
Judges Brennan, Kelly, and Walsh; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Requirement That Benefits Were Unreasonably Delayed or Denied [§3148(1)]
Conduct Establishing Unreasonable Delay or Denial [§3148]
Calculating Attorney Fees Based on Contingent Fee [§3148]
Calculating Attorney Fees Not Based on Contingent Fee [§3148]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals reversed the trial court's award of attorney fees under §3148 of the No-Fault Statute because the trial court "made no mention of whether the insurer acted unreasonably. No evidentiary hearing was conducted nor did the court make findings as to whether payment for some or all of the benefits requested were unreasonably refused or delayed. Without these findings, it is impossible for us to review the issue. Consequently, we find that remand for an evidentiary hearing is necessary in order for the trial court to determine and make findings as to whether some or all of the PIP benefits requested were unreasonably delayed or refused."
On remand, the court held that if the trial judge finds that an unreasonable refusal or delay occurred, the trial judge must consider the six factors that should be taken into consideration to determine what constitutes a reasonable attorney fee. These factors are: (1) the professional standing and experience of the attorney; (2) the skill, time, and labor involved; (3) the amount in question and the results achieved; (4) the difficulty of the case; (5) the expenses incurred; and (6) the nature and length of the professional relationship with the client.
The court noted that although the trial judge "need not detail its findings as to each specific factor, there is no indication that the trial court considered any of these factors."
