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FREEDOM MEDICAL SUPPLY v. STATE FARM FIRE

No. 8 EAP 2015

131 A.3d 977 (2016)

FREEDOM MEDICAL SUPPLY, INC., individually and on behalf of all others similarly situated, Appellant v. STATE FARM FIRE AND CASUALTY COMPANY; State Farm Mutual Automobile Insurance Company, Appellees.

Supreme Court of Pennsylvania.

Resubmitted January 20, 2016.

Decided February 16, 2016.

Attorney(s) appearing for the Case

Marcia Mary Waldron, Esq. , for United States Court of Appeals For The Third Circuit.

Robert David Greenbaum, Esq. , Robert D. Greenbaum & Associates, L.L.C., Robert Samuel Kitchenoff, Esq. , Philadelphia, Weinstein Kitchenoff & Asher, L.L.C., Dean Eric Weisgold, Esq. , Dean E. Weisgold, P.C., for Freedom Medical Supply, Inc., Individually and on Behalf of All Others Similarly Situated.

James T. Moughan, Esq. , Philadelphia, Britt, Hankins & Moughan, Tiffany Lynne Powers, Esq. , for State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company.

SAYLOR, C.J., EAKIN, BAER, TODD, DONOHUE, DOUGHERTY, WECHT, JJ.

OPINION

Section 1797(a) of the Motor Vehicle Financial Responsibility Law ("MVFRL")1 states that a provider of medical products to automobile accident victims is entitled to reimbursement from automobile insurers, and where, as here, there is no federally-determined Medicare fee for a product...

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