Tuesday, May 8, 2012

Pennsylvania Supreme Court to Address Peer Review Attorney's Fees Case

The Pennsylvania Supreme Court has agreed to address the issue of whether an insurer can be required to pay a medical provider's attorney fees even if the insurer properly employed the peer review process before denying coverage because it deemed the medical care unnecessary.

On April 30, the Court issued an Order granting allocatur in Herd Chiropractic Clinic v. State Farm Mutual Automobile Insurance.

At the Superior Court level, that court unanimously ruled that defendant State Farm owed attorney fees in the amount of $27,047.00 to Herd Chiropractic Clinic despite the carrier's proper use of peer review.  To read the Tort Talk post on the Superior Court's decision, click here.

Here is a link to the Pennsylvania Supreme Court's Order granting the appeal in which the specific issue presented is spelled out.

Source:  "High Court Takes Up Insurance Case" by Zack Needles of The Legal Intelligencer (May 8, 2012).

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