Pennsylvania Consolidated Statutes

75 Pa. Cons. Stat. § 1716 (2026)

 Payment of benefits.

✓ current as of May 2026
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§ 1716.  Payment of benefits.

Benefits are overdue if not paid within 30 days after the insurer receives reasonable proof of the amount of the benefits. If reasonable proof is not supplied as to all benefits, the portion supported by reasonable proof is overdue if not paid within 30 days after the proof is received by the insurer. Overdue benefits shall bear interest at the rate of 12% per annum from the date the benefits become due. In the event the insurer is found to have acted in an unreasonable manner in refusing to pay the benefits when due, the insurer shall pay, in addition to the benefits owed and the interest thereon, a reasonable attorney fee based upon actual time expended.

Notes of Decisions
Cited in 44 cases (3 in the last 5 years), 1988–2023 · leading case: Schappell v. Motorists Mut. Ins., 934 A.2d 1184 (Pa. 2007).
Schappell v. Motorists Mut. Ins., 934 A.2d 1184 (Pa. 2007). · cites it 18× “challenges the Superior Court's determination that there is no private cause of action for interest accrued under 75 Pa.C.S. § 1716. For the following reasons, we hold that there is a private cause of action for the statutorily prescribed interest.”
Schappell v. Motorists Mut. Ins., 868 A.2d 1 (Pa. Super. Ct. 2004). · cites it 8× “75 Pa.C.S. § 1716. ¶ 5 A "benefit" or "first party benefit" is, for the purpose of this analysis, a medical *3 benefit.”
In Re Septa Mvfrl Interest Litig., 996 A.2d 1099 (Pa. Commw. Ct. 2010). · cites it 6× “75 Pa.C.S. § 1716. The term "insurer" is defined as a "motor vehicle liability insurer subject to the requirements of this chapter.”
Hill v. Nationwide Ins., 570 A.2d 574 (Pa. 1990). · cites it 4× “These provisions contemplate an action at law for money damages. The remedy at law, in view of the penalties imposed by the statute for failure to make payment when due, is clearly adequate.”
Olsofsky v. Progressive Ins., 52 Pa. D. & C.4th 449 (2001). · cites it 5× “(B) History of 75 Pa.C.S. §§1716, 1797 and 42 Pa. C.S. §8371 In 1984, the Pennsylvania Legislature repealed the former No-fault Motor Vehicle Insurance Act, 40 P.”
Williams v. State Farm Mut. Auto. Ins., 763 F. Supp. 121 (E.D. Pa. 1991). · cites it 3× “See 75 Pa.Cons.Stat.Ann. § 1716. If an insurer refused to pay benefits, the insured could bring a civil action.”
State Farm Mut. Auto. Ins. Co. v. Lincow, 715 F. Supp. 2d 617 (E.D. Pa. 2010). “Defendants claim they presented evidence about necessary and reasonable medical treatment and services they provided to patients and seek due payment from State Farm under 75 Pa.C.S. § 1716. (Defs.’ Br., doc. no. 828 at 40-41.”
Levine v. Travelers Prop. Cas. Ins., 69 A.3d 671 (Pa. Super. Ct. 2013). “” 75 Pa.C.S. § 1716. Neither party argued below that § 1716 applied herein.”
Brownell v. State Farm Mut. Ins., 757 F. Supp. 526 (E.D. Pa. 1991). “In its entirety, 75 Pa.Cons.Stat.Ann. § 1716 provides: Benefits are overdue if not paid within 30 days after the insurer receives reasonable proof of the amount of the benefits.”
Richter v. Geico Indem. Co., 797 F. Supp. 2d 529 (E.D. Pa. 2011). · cites it 2× “) Count III seeks payment of unpaid medical bills with 12% interest and attorney’s fees under the Motor Vehicle *531 Financial Responsibility Law (MVFRL), 75 Pa. Cons.Stat. Ann. § 1716. (Id. at 3.”
McAndrew v. Donegal Mut. Ins., 56 Pa. D. & C.4th 1 (2002). “, ¶¶20-27), and he seeks to recover for unpaid bills, statutory interest, counsel fees and costs pursuant to 75 Pa.C.S. § 1716. (Id., ¶¶29-35.) McAndrew further avers that Donegal is chargeable with bad faith conduct under 42 Pa.”
Danley v. State Farm Mut. Auto. Ins., 808 F. Supp. 399 (M.D. Penn. 1992). “However, the court did find a conflict between § 8371 and 75 Pa. Cons.Stat. § 1716, another part of the MVFRL.”
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