Government Employees Insurance Co. v. SandersAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals reversing the trial court’s grant of summary judgment against Plaintiffs in this insurance dispute, holding that summary judgment was improper.
Plaintiffs sought chiropractic treatment for injuries sustained in an automobile accident. The bills were submitted to GEICO for payment under Plaintiffs’ basic reparations benefits (BRB). GEICO denied coverage and refused to pay for certain medical treatments Plaintiffs had already received. Plaintiffs then brought suit alleging that GEICO improperly denied coverage under their BRB based upon a medical records review and arguing that Ky. Rev. Stat. 304.39-270 requires an independent medical examination before GEICO can deny them BRB. In entering summary judgment against Plaintiffs, the trial court ruled that section 304.39-270 was permissive. The court of appeals reversed and remanded the case to the trial court for further proceedings. The Supreme Court affirmed, holding (1) section 304.39-270 fails to address when and how GEICO could deny BRB; and (2) because the trial court based its decision to grant summary judgment on the implications of section 304.39-270 rather than examining the remaining parts of the Motor Vehicle Reparations Act, Ky. Rev. Stat. 304.39-020(2), it was improper for the trial court to grant summary judgment without further review of the statutes.