The state Supreme Court has agreed to hear a case in which it has been asked to determine whether an insurer can be ordered to pay a medical provider’s attorney fees even if the insurer properly employed the peer review process before denying coverage because it deemed the medical care unnecessary.

The justices issued a one-page order on April 30 granting allocatur in Herd Chiropractic Clinic v. State Farm Mutual Automobile Insurance, to hear arguments over whether the state Superior Court erred in ruling that defendant State Farm Mutual Automobile Insurance Co. owed attorney fees despite its proper use of peer review.

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