Pirgu v. United Services Automobile Association

The issue in this case is whether the framework for calculating a reasonable attorney fee set forth in Smith v Khouri 1 applies to attorney fee determinations under MCL 500.3148(1) of the no-fault insurance act. 2 The Court of Appeals’ majority affirmed the trial court’s calculation of the attorney fee award, concluding that the Smith framework does not apply to attorney fee determinations under § 3148(1). We disagree with this conclusion and instead hold that the Smith framework—as described in Justice CORRIGAN’s concurring opinion and as modified herein—applies to attorney fee…