Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.
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 18דchallenges 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 8ד75 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 6ד75 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 4דThese 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 5ד(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 C.S. §8371 In 1984, the Pennsylvania Legislature repealed the former No-fault Motor Vehicle Insurance Act, 40 P.”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 3דSee 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 2ד) 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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