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Bustell v. AIG Claims Service11/14/2003
of securing and paying for counsel but with a total loss of income and catastrophic expenses for medical and domiciliary care. This factor favors Toennis' request for an increase in the hourly rate.
(ix) The risk of no recovery.
There was a significant risk of no recovery based on the jurisdictional and employment issues. Indeed, this case was vigorously defended by able counsel for the insurer. This factor favors Toennis' request for an increase in the hourly rate.
(x) The market value of the lawyer's services at the time and place involved.
Again, based on the testimony of Geoffrey R. Keller, I find that the market value of Toennis' services was $140 an hour. (See factor (iii).) This factor favors Toennis' request for an increase in the hourly rate.
Cumulatively, the ten factors clearly and convincingly support a higher rate than $75 an hour. I find that they support a $140 an hour rate. I therefore find that Toennis is entitled to attorney fees in the amount of $66,794.
JUDGMENT FOR ATTORNEY FEES
For the reasons set forth above, judgment is entered finding Mr. Paul E. Toennis is entitled to attorney fees in the sum of $66,794, which shall be paid by respondent, The Insurance Company of Pennsylvania.
This Judgment is certified as final for all purposes.
Mr. Paul E. ToennisMs. Melanie S. PfeiferSubmitted: May 13, 2003
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