40-3111.Lawful charges for treatment or occupational training ofinjured person; action to recover overdue benefits; allowance of attorney'sfee.(a) A physician, hospital, clinic or other person or institutionlawfully rendering treatment to an injured person for an injury covered bypersonal injury protection benefits and a person or institution providingrehabilitative occupational training following the injury, may charge areasonable amount for the products, services and accommodations rendered.The charge shall not exceed the amount the person or institutioncustomarily charges for like products, services and accommodations in casesnot involving insurance, and allowances for medical benefits under this actdo not include that portion of the charge for a room in any hospital,clinic, convalescent or nursing home, extended care facility or any similarfacility in excess of the reasonable and customary charge for semiprivateaccommodations unless intensive care is medically required.
(b) An attorney is entitled to a reasonable fee for advising andrepresenting a claimant in an action for personal injury protectionbenefits which are overdue. The attorney's fee shall be a charge againstthe insurer or self-insurer in addition to the benefits recovered, if thecourt finds that the insurer or self-insurer unreasonably refused to paythe claim or unreasonably delayed in making proper payment.
Within the discretion of the court, an insurer or self-insurer may beallowed an award of a reasonable sum as attorney's fee, based upon actualtime expended, and all reasonable costs of suit for its defense against aperson making claim against such insurer or self-insurer where such claimwas fraudulent, excessive or frivolous, and such attorney's fee and allsuch reasonable costs of suit so awarded may be treated as an offsetagainst any benefits due or to become due to such person.
40-3111.Lawful charges for treatment or occupational training ofinjured person; action to recover overdue benefits; allowance of attorney'sfee.(a) A physician, hospital, clinic or other person or institutionlawfully rendering treatment to an injured person for an injury covered bypersonal injury protection benefits and a person or institution providingrehabilitative occupational training following the injury, may charge areasonable amount for the products, services and accommodations rendered.The charge shall not exceed the amount the person or institutioncustomarily charges for like products, services and accommodations in casesnot involving insurance, and allowances for medical benefits under this actdo not include that portion of the charge for a room in any hospital,clinic, convalescent or nursing home, extended care facility or any similarfacility in excess of the reasonable and customary charge for semiprivateaccommodations unless intensive care is medically required.
(b) An attorney is entitled to a reasonable fee for advising andrepresenting a claimant in an action for personal injury protectionbenefits which are overdue. The attorney's fee shall be a charge againstthe insurer or self-insurer in addition to the benefits recovered, if thecourt finds that the insurer or self-insurer unreasonably refused to paythe claim or unreasonably delayed in making proper payment.
Within the discretion of the court, an insurer or self-insurer may beallowed an award of a reasonable sum as attorney's fee, based upon actualtime expended, and all reasonable costs of suit for its defense against aperson making claim against such insurer or self-insurer where such claimwas fraudulent, excessive or frivolous, and such attorney's fee and allsuch reasonable costs of suit so awarded may be treated as an offsetagainst any benefits due or to become due to such person.
40-3111.Lawful charges for treatment or occupational training ofinjured person; action to recover overdue benefits; allowance of attorney'sfee.(a) A physician, hospital, clinic or other person or institutionlawfully rendering treatment to an injured person for an injury covered bypersonal injury protection benefits and a person or institution providingrehabilitative occupational training following the injury, may charge areasonable amount for the products, services and accommodations rendered.The charge shall not exceed the amount the person or institutioncustomarily charges for like products, services and accommodations in casesnot involving insurance, and allowances for medical benefits under this actdo not include that portion of the charge for a room in any hospital,clinic, convalescent or nursing home, extended care facility or any similarfacility in excess of the reasonable and customary charge for semiprivateaccommodations unless intensive care is medically required.
(b) An attorney is entitled to a reasonable fee for advising andrepresenting a claimant in an action for personal injury protectionbenefits which are overdue. The attorney's fee shall be a charge againstthe insurer or self-insurer in addition to the benefits recovered, if thecourt finds that the insurer or self-insurer unreasonably refused to paythe claim or unreasonably delayed in making proper payment.
Within the discretion of the court, an insurer or self-insurer may beallowed an award of a reasonable sum as attorney's fee, based upon actualtime expended, and all reasonable costs of suit for its defense against aperson making claim against such insurer or self-insurer where such claimwas fraudulent, excessive or frivolous, and such attorney's fee and allsuch reasonable costs of suit so awarded may be treated as an offsetagainst any benefits due or to become due to such person.
