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SCHAPPELL v. MOTORISTS MUT. INS. CO.

No. 51 MAP 2005.

934 A.2d 1184 (2007)

Edward SCHAPPELL, D.C., On Behalf of Himself and All Others Similarly Situated, Appellant, v. MOTORISTS MUTUAL INSURANCE COMPANY, State Farm Mutual Automobile Insurance Company and Geico Corporation, Appellees.

Supreme Court of Pennsylvania.

Decided November 20, 2007.

Attorney(s) appearing for the Case

Daniel Caleb Levin, Esq., Arnold Levin, Esq., Philadelphia, for Edward Schappell.

Craig Lloyd Fishman, Esq., Louis M. Tarasi, Jr., Esq., Pittsburgh, for Pennsylvania Trial Lawyers Association.

Robert B. Hoffman, Esq., Harrisburg, for amicus curiae Pennsylvania Medical Society.

William James Rogers, Esq., for Motorists Mutual Insurance Company.

James T. Moughan, Esq., Philadelphia, for State Farm Automoble Insurance Company.

Michael N. Onufrak, Esq., Edward Michael Koch, Esq., Philadelphia, for Geico Corporation.

BEFORE: CAPPY, C.J., and CASTILLE, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Chief Justice, CAPPY.1

Appellant Edward Schappell, D.C. 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. As such, the order of the Superior Court is reversed....

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