When the Insurance Emperor Has No Common Law Clothes: Provider Recoupment Demands, State Contract Law, and the Voluntary Payment Doctrine

By Greg Heller, Esq., Young Ricchiuti Caldwell & Heller, LLC, Philadelphia, PA

Let’s say I build a new deck on your house. I buy the wood. I do the work. You pay me for the deck. You have a deck, and I have the money (net of whatever I paid for materials). A year later, you come back to me and say I didn’t submit daily progress photographs as I had promised, and as a result you are going to demand a refund for all of the money you paid me for the deck.

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