Consolidated Attorney feeMarch 26, 2015

EMA Acupuncture P.C. v Allstate Ins. Co., 2015 NY Slip Op 50348(U)(App. Term 1st Dept. 2015)

Good job James F. Sullivan and crew.

We sustain so much of the order under review as limited the amount of any recovery of attorneys’ fees to the sum of $850, the maximum allowable pursuant to Insurance Department Regulations [11 NYCRR] § 65-4.6(e). Since this provision provides that attorneys’ fees in a no-fault action are to be calculated based on the “aggregate of all bills for each insured” disputed in any action, up to a maximum of $850 (LMK Psychological Servs., P.C. v State Farm Mut. Auto. Ins. Co., 12 NY3d 217 [2009]), the $850 limit was properly applied to the claims at issue in this consolidated action, all of which involve the same parties and assignor, and arise from the same accident.”

So assume that you have a typical multisuit involving three providers and one assignor.  Can you now make the argument that the attorney fee should be on an aggregate basis?  Therefore, $60 minimum and $850 maximum regardless of the amount of Assignee medical providers?  With the new-new-new regs, I am unsure this will matter as the minimum has been removed and you need just north of $8100 in combined principle and interest to reach the attorney fee ceiling.  Maybe with consolidated NJ  surgery cases this can be relevant?


3 Responses

  1. Kurt Lundgren says:

    Question for outside counsel …. when your firm answers three suits and you have them consolidated to one – do you bill for one answer all all three. Or on a flat fee, do you get paid for one or all three?

    Yeah, really great job Sullivan’s office.

  2. nycoolbreez says:

    Don’t blame Sullivan that office did not appeal the order.
    let me get this right you consented to consolidation but you did not have a stipulation, then you took an appeal that makes bad case law.

    stupid is as stupid does.

  3. slick says:

    Why should this Plaintiff worry about the big picture? There was an extra $1700 (maximum) to get.

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