Judge Gerald A. McHugh noted that the Pennsylvania Supreme Court has not yet addressed this particular issue. However, the judge noted that other court decisions that he had reviewed that considered similar arguments has concluded that §1722 does not apply to future medical expenses that have not yet been incurred. As such, the judge held that §1722 has no applicability to future medical expenses.
Judge McHugh noted that §1722 provides that individuals injured in a motor vehicle accident, who have other sources of insurance to cover their medical expenses, are barred from recovering certain benefits that are “paid or payable.”
The Plaintiff argued in this case that given that the future medical bills have not yet been incurred, it was speculative as to whether or not such future medical bills will be “payable” under any applicable insurance.
The judge agreed with this...
