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HERD CHIROPRACTIC CLINIC v. STATE FARM

No. 35 MAP 2012

64 A.3d 1058 (2013)

HERD CHIROPRACTIC CLINIC, P.C., Appellee v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

Supreme Court of Pennsylvania.

Decided February 20, 2013.

Attorney(s) appearing for the Case

Gary A. Drakas , King of Prussia, Lee Edward Ullman , Reading, Forry Ullman, for State Farm Mutual Automobile Insurance Company.

Robert A. Loch , Pittsburgh, Mark Andrew Martini , Robb Leonard Mulvihill, L.L.P., for Appellant Amicus Curiae, Pa Defense Institute.

Mary Ann Kennedy Claraval , Robert F. Claraval , Harrisburg, Claraval & Claraval, for Herd Chiropractic Clinic, P.C.

George Gerasimos Rassias , Schmidt, Kirifides, Pearson, Koutcher & Fridkin, P.C, Media, for Appellee Amicus Curiae, Pennsylvania Association for Justice.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice SAYLOR.

This appeal concerns the sustainability of an award of attorneys' fees against an insurance company under the peer-review provisions of the Motor Vehicle Financial Responsibility Law.

Section 1797 of the Motor Vehicle Financial Responsibility Law (the "MVFRL"),1 captioned "[c]ustomary charges for treatment," limits the amount providers may charge...

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