Monday, August 11, 2008

LMK Followed -- Attorney's Fees Awarded Per Claim

Alpha Chiropractic, P.C. a/a/o Stephen Whyte v. State Farm Mut. Auto Ins. Co.

(App. Term, 2nd Dept., decided 7/22/2008)

In another attorney's fees case, the Appellate Term, Second Department, has affirmed an award of attorney's fees on a per claim basis:

In this action by a provider to recover assigned first-party no-fault benefits, the court below awarded plaintiff attorney's fees upon each of the eight claims submitted for medical services provided to plaintiff's assignor rather than upon the aggregate sum of the eight claims. The instant appeal by defendant ensued.

For the reasons stated in Fortune Med., P.C. v New York Cent. Mut. Fire Ins. Co. (Misc 3d , 2008 NY Slip Op 28218 [App Term, 2d & 11th Jud Dists 2008]), the judgment is affirmed.

The decision does not indicate what comprised each "claim", but presumably each represented a separate billing. Of course, the Fortune Medical decision is based on the Third Department's decision inLMK Psychological Servs., P.C. v State Farm Mut. Auto. Ins. Co. (46 AD3d 1290 [3rd Dept. 2007]).

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