Unreasonable Medical Bills - Insurance Denying Coverage After Car Accident
In a case such as this, "the Plaintiff has the burden of demonstrating the reasonableness and necessity of the medical treatment provided." Lundberg v. State Farm Mutual Auto Ins. Co., Del.Com.Pl., C.A. No. 1993-04-227, Smalls, C.J., 1994 WL 1547774 (July 11, 1994).
"The terminology of reasonable and necessary, as used in the statute must be construed to mean coverage of these payments required for medical treatment." Id. at 2.
It follows that the determination of required treatment must be based on a reasonable medical assessment. Id. the Court must also consider the "principle that the policy of [21 Del. C. 2118] is to be liberally construed to achieve the public policy of universal coverage." Id. (citing Morgan v. State Farm Mutual Auto Ins. Co., Del.Supr., 402 A.2d 1211 (1979)).