Michigan Court of Appeals; Docket No. 305009; Unpublished
Judges Shapiro, Hoekstra, and Whitbeck; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Calculating Attorney Fees Not Based on Contingent Fee [§3148]
Insurer’s Right to Penalty Attorney Fees for Fraudulent / Excessive Claims [§3148(2)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous unpublished per curiam Opinion, the Court of Appeals affirmed the trial court’s denial of Defendant State Farm’s motion for attorney fees under MCL 500.3148(2) and award of attorney fees for the plaintiff because "the trial court did not clearly err by finding that defendant failed to rebut the presumption of unreasonableness," and the "ultimate attorney fee award was not an abuse of discretion."
The plaintiff brought this first-party action seeking payment for attendant care benefits and medical expenses. The action resulted in a jury trial. During closing arguments, plaintiff's attorney asked the jury to award $381,566.86 in allowable expenses and $100,292.79 in interest for overdue benefits. The jury found that $27,764.86 of allowable expenses were incurred by plaintiff, and that plaintiff was entitled to no-fault penalty interest in the amount of $289.17 for overdue benefits. Based on the jury's verdict, the trial court entered final judgment in favor of the plaintiff for the allowable expenses and penalty interest amounts --- together with taxable costs in the amount of $19,767.20, attorney fees in the amount of $251,689, and judgment interest from the date of the complaint. After entry of the judgment, defendant moved the trial court for no-fault attorney fees under MCL 500.3148(2). The trial court denied the motion on the record. Defendant now appeals as of right the trial court’s award of attorney fees and no-fault interest in plaintiff’s favor and the trial court’s denial of its request for attorney fees. The Court of Appeals affirmed the denial of Defendant’s motion for attorney fees, the trial court’s award of attorney fees to the plaintiff, and the trial court's award of penalty interest.
