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WHERE IS KING FIVE NOW?

KCC 02-31209-08

The King Five Investigators did not hesitate in reporting plaintiff Robert Akers’ allegations that the carrier improperly refused to pay PIP benefits and relied on a biased chiropractic examiner in making that decision. Will they now report a King County jury awarded the insurer and Colleen Barrett a complete defense verdict on claims for both breach of contract and bad faith?

Implicit in that verdict was a determination that the carrier conducted a reasonable investigation and made a correct decision when denying benefits. That investigation showed Plaintiff had two treatments after an auto accident, then stopped. Thirteen months later Plaintiff began treating with a chiropractor and submitted those bills to the insurer for payment.

As allowed under the insurance contract, the carrier had the plaintiff undergo a chiropractic examination and, based on that examination and its own investigation, the carrier denied payment on the grounds that the treatment was not necessary due to the accident.

Despite the long gap in treatment, Plaintiff not only disagreed with the carrier’s decision but alleged the carrier was in bad faith for even having him examined. So anxious was Plaintiff to sue that he filed his complaint before the carrier made its payment decision and before Mr. Akers received the chiropractor’s report.

Yet, the carrier tried to resolve the impasse by offering to review any further information Plaintiff cared to submit and by offering to resolve the dispute through PIP arbitration. Spurning this lower cost and more efficient option, Plaintiff pressed ahead with the lawsuit. And, throughout the suit, Plaintiff and his attorney repeatedly made allegations questioning the ethics and competence of the carrier’s employees.

Those allegations withered under the evidence and argument Colleen presented. When she put the insurer’s actions in the proper context, the jury saw that the claim was handled honestly, properly, and correctly.

Will King Five report that result? Maybe not. Was that result just and fair? Yes.