Wilmington Pain & Rehabilitation Center, P.A., on behalf of itself and all others similarly situated v. USAA General Indemnity Insurance Company, et ( 2017 )


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  •            IN THE SUPREME COURT OF THE STATE OF DELAWARE
    WILMINGTON PAIN &                      §
    REHABILITATION CENTER, P.A.,           §   No. 472, 2017
    on behalf of itself and all others     §
    similarly situated,                    §   Court Below—Superior Court
    §   of the State of Delaware
    Plaintiff Below,               §
    Appellant,                     §   C.A. No. N15C-06-218
    §
    v.                               §
    §
    USAA GENERAL INDEMNITY                 §
    INSURANCE COMPANY and                  §
    GARRISON PROPERTY AND                  §
    CASUALTY INSURANCE                     §
    COMPANY,                               §
    §
    Defendants Below,              §
    Appellees.                     §
    Submitted: November 16, 2017
    Decided:   December 12, 2017
    Before VALIHURA, VAUGHN, and SEITZ, Justices.
    ORDER
    This 12th day of December 2017, having considered the appellant’s notice and
    supplemental notice of appeal from interlocutory order under Supreme Court Rule
    42, it appears to the Court that:
    (1)    Wilmington Pain & Rehabilitation Center, P.A. (“WPRC”) is a
    Delaware outpatient care facility that specializes in physical medicine and
    rehabilitation. WPRC regularly treats Delaware residents for injuries incurred in
    automobile accidents.
    (2)    USAA General Indemnity Insurance Company and Garrison Property
    and Casualty Insurance Company (collectively “USAA”) are engaged in the
    business of insurance. USAA regularly sells automobile insurance policies in
    Delaware.
    (3)    Delaware law requires that owners of motor vehicles registered in
    Delaware must maintain insurance coverage for personal injury claims arising out
    of an automobile accident.1 Personal injury protection (“PIP”) coverage is defined
    as “[c]ompensation to injured persons for reasonable and necessary expenses
    incurred within 2 years from the date of the accident,” including medical expenses.2
    (4)    In 2015, WPRC filed a complaint seeking a declaratory judgment that
    USAA’s use of a computerized bill review system to review the reasonableness of
    PIP claims has led to the wrongful underpaying of those claims. WPRC filed the
    complaint as a proposed class action on behalf of all Delaware health care providers
    who, at any time since June 19, 2012, have billed medical-expense-related PIP
    claims to USAA, where USAA has subjected those claims to the computerized bill
    review system.
    1
    21 Del. C. § 2118(a)(2)(a).
    2
    Id.
    2
    (5)    On October 17, 2017, the Superior Court issued an opinion denying
    WPRC’s motion for class certification. The Superior Court ruled that the proposed
    class did not meet the requirements for certification under Superior Court Civil Rule
    23.
    (6)    WPRC filed an application for certification of an interlocutory appeal
    from the Superior Court’s October 17 opinion. By order dated November 15, 2017,
    the Superior Court denied the application after determining that certification of an
    interlocutory appeal from its October 17 opinion was not warranted under the
    principles and criteria of Rule 42(b).
    (7)    Applications for interlocutory review are addressed to the sound
    discretion of the Court.3 In this case, the Court agrees with the Superior Court that
    Rule 42(b)’s principles and criteria do not weigh in favor of interlocutory review of
    the Superior Court’s October 17, 2017 opinion denying WPRC’s motion to certify a
    class action.
    NOW, THEREFORE, IT IS HEREBY ORDERED that the interlocutory
    appeal is REFUSED.
    BY THE COURT:
    /s/ James T. Vaughn, Jr.
    Justice
    3
    Del. Supr. Ct. R. 42(d)(v).
    3
    

Document Info

Docket Number: 472, 2017

Judges: Vaughn, J.

Filed Date: 12/12/2017

Precedential Status: Precedential

Modified Date: 12/13/2017