Attorneys’ Fees and Peer Reviews

A Common Pleas Court in Monroe County has ruled that attorneys’ fees cannot be awarded once a provider’s bills for care related to a motor vehicle accident have been submitted to peer review under Section 1797 of the Motor Vehicle Financial Responsibility Law (MVFRL), and that Section 1716 of the MVFRL, the section dealing with the award of attorneys’ fees for unreasonable behavior on the part of the insurance carrier, does not apply. It is only when bills have not been submitted to peer review that attorneys’ fees can be awarded by a Court in a successful challenge to the peer review. The Court further ruled that only interest (12% per annum) can be awarded in a successful challenge to the peer review under Section 1797, and not attorneys’ fees.  (Todd L. Roth vs. Erie Insurance Co., et al, Monroe County Court of Common Pleas, No. 9943 Civil 2005.)

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