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Scott Cooper
Scott Cooper
Attorney • (800) 232-6301

Company Responsible For Attorneys Fees If Peer Review Is Incorrect

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Attached is a copy to the link to the Superior Court of Pennsylvania opinion from August 23, 2011 in Herd v. State Farm. This is a peer review case where State Farm refused to pay chiropractic bills totaling a little over $1,330. The trial court determined that chiropractic care was reasonable and necessary for the accident victim’s ongoing pain and, therefore, the court ordered payment of those bills. The court found State Farm had complied with the peer review process and thus denied treble damages for bad faith, but allowed attorneys’ fees. State Farm appealed arguing that because it complied with the peer review process that it could not be held liable for attorney fees. http://www.pacourts.us/OpPosting/Superior/out/a12036_11.pdf

The Superior Court agreed with the Dauphin County trial court and finds that "The fact that State Farm adhered to the peer review procedure does not mean that attorneys’ fees are precluded if a court determines on review that the care was medically necessary." Therefore, State Farm must now pay almost 30K in attorneys fees.

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