Florida Court Denies Request for Additional Attorney Fees. A successful no-fault insurance claimant in an arbitration or court proceeding is entitled to attorney fees, which are generally 20% of the principal benefit amount, plus interest, limited to a maximum of $1,360. 11 NYCRR 65-4.6(d). Additional fees are available to a successful applicant in a master arbitration appeal (11 NYCRR 65-4.10(j)(2)), a de novo action, an Article 75 Petition to vacate or confirm an arbitration award or any other court appeal (11 NYCRR 65-4.10(j)(4)).
An alternative calculation of fees is available “where one of the issues involves a policy issue as enumerated on the prescribed denial of claim form.” In those instances, “the attorney’s fee for the arbitration or litigation of all issues shall be limited to a fee of up to $70 per hour, subject to a maximum fee of $1,400. In addition, an attorney shall be entitled to receive a fee of up to $80 per hour for each personal appearance before the arbitration forum or court.” 11 NYCRR 65-4.6(C). Of course, depending on the amount of provable time spent by counsel, this alternative calculation may not necessarily lead to a significant fee for the applicant’s attorney. See, e.g., AEE Med. Diagnostic, P.C. v. Hereford Ins. Co., 2019 NY Slip Op 29102 (NY City Civ. Ct., NY Cty. 2019) (The successful plaintiff’s counsel argued that an IME “no-show” defense was one such “policy issue” warranting the alternative calculation of fees. The court agreed, but granted a total of only $695 in attorney fees.).
