specially concurring:
I concur with the majority that, based on the record presented, the class certification should be reversed and the cause remanded to the circuit court. I agree that a billed charge, in and of itself, is not sufficient proof that the charges therein are reasonable or usual and customary. In this case, the circuit court incorrectly accepted Bemis’s argument that the reasonableness of his bill and the bills of the class members could be proven by simply submitting their billed chiropractic charges. This streamlined method of proof was central to the court’s decision to certify the class.
I do not agree with the majority that testimony on an individual basis is the only way that Bemis can prove the reasonableness of his or the class members’ charges. Bemis can establish reasonableness “by introducing the testimony of a person having knowledge of the services rendered and the usual and customary charges for such services” (Arthur v. Catour, 216 Ill. 2d 72, 82, 833 N.E.2d 847, 853-54 (2005)). Once the witness is shown to possess the requisite knowledge, the reasonableness requirement necessary for admission is satisfied if the witness testifies that the bills are fair and reasonable. Arthur, 216 Ill. 2d at 82, 833 N.E.2d at 853-54. In this case, Safeco used expert testimony to determine the amount it paid to Bemis and the other potential class members. Its decision to reimburse according to “UCR 80th” percentile data was not arrived at by an individual analysis of each class member’s bill. On remand, Bemis should be allowed to make a showing that he can present expert testimony, based on data relied on by experts in the field, that would establish that Safeco did not pay the reasonable or usual and customary charges for treatments he and the other class members provided to their patients. Bemis should be allowed to prove reasonableness in the same fashion Safeco determined reasonableness.
I concur in all other aspects of the majority’s opinion.