Freedom Medical Supply, Inc. v. State Farm Fire & Casualty Co.

OPINION

Justice TODD.

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, reim bursement is limited to “80% of the provider’s usual and customary charge.” 75 Pa.C.S. § 1797(a). The MVFRL does not define the phrase “usual and customary charge,” but the Pennsylvania Department of Insurance (“Department”) has promulgated regulations defining it as “[t]he charge most…