Supreme Court overturns decision allowing PIP attorney to charge fees against medical providers
The Conservator of Ryan Scott Miller employed counsel to sue Citizens Insurance Company to recover overdue Personal Injury Protection medical benefits. He was successful and attempted to charge a contingent fee against the total settlement. The Circuit Court and Court of Appeals approved his fee claim, finding that he had a lien on the "common fund" that he had created. The Supreme Court overturned, however, and held that he could not claim a part of the medical expenses recovered without the acquiescence of the medical providers.