Borcheck v. State Farm Mutual Automobile Insurance

This action was brought by Michael Bor-check [“Borcheck”] against his no-fault insurance carrier, State Farm Automobile Insurance Company [“State Farm”], to recover payment of medical claims and lost income as a result of his involvement in a collision on December 1, 1996. Specifically, he alleged that State Farm wrongfully failed to pay his medical claim for shoulder surgery in August 1997, in the amount of $31,319.80.

State Farm answered, denying Bor-check’s allegations and asserting, inter alia, the affirmative defense that Borcheck failed to “establish the medical necessity, reasonableness…