LMK Psychological Servs., P.C. v. State Farm Mut. Aut. Ins. Co

In LMK Psychological Servs., P.C. v. State Farm Mut. Aut. Ins. Co. (12 NY3d 217, 222-223, 906 N.E.2d 1046, 879 N.Y.S.2d 14 [2009]), the Court of Appeals reversed the Appellate Division and accepted the opinion of the Superintendent of Insurance (Ops Gen Counsel NY Ins Dept No. 03-10-04 [Oct. 2003]), which "interpreted a claim to be the total medical expenses claimed in a cause of action pertaining to a single insured, and not . . . each separate medical bill submitted by the provider." As a result, the Court of Appeals held that attorney's fees are to be calculated based "on the aggregate of all bills for each insured," to a maximum of $ 850 (LMK Psychological Servs., P.C., 12 NY3d at 223).