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Scott Cooper
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Pennsylvania Supreme Court To Hear Peer Review Case On Collecting Attorneys Fees

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Below is a copy of the Pennsylvania Supreme Court Order from April 30, 2012 granting State Farm Mutual Auto Insurance Company’s Petition for Allowance of Appeal in Herd v. State Farm. This case was appealed from the Pennsylvania Superior Court after the lower court held that since “the insurer complied with the peer review process, treble damages for bad faith were properly denied. However, nothing in § 1797(b)(6) specifically precluded attorneys’ fees where the peer review decision was challenged and the trial court found that the treatment was reasonable and necessary.” Herd v. State Farm, 29 A.3d 19 (Pa. Super. Ct. 2011). State Farm appealed and the Court has granted the appeal to hear the following issue:

AND NOW, this 30th day of April, 2012, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by Petitioner, is:

Whether the Superior Court improperly interpreted §1797 of the MVFRL and its own case of Barnum v. State Farm Mut. Auto. Ins. Co., 430 Pa. Super. 488, 635 A.2d 155 (Pa.Super. 1993) rev’d in part by Terminato v. Pennsylvania National Ins. Co., 538 Pa. 60, 645 A.2d 1287 (Pa. 1994), to allow attorney’s fees even when an insurer has utilized the Peer Review process?

No briefing schedule or argument date has been set yet