Atchley v. Travelers Insurance Company

489 S.W.2d 836, 1972 Tenn. LEXIS 314

• Court: Tennessee Supreme Court
• Decided: November 6, 1972
• Status: Published

Opinions

OPINION

McCanless, justice.

The plaintiff in an accident sustained a fracture of his right tibia. According to the terms of its policy The Travelers Insurance Company became liable for all reasonable medical expenses incurred within one year from the date of the accident up to $2,000.00. Before the year expired the plaintiff incurred such expenses in the amount of $1,213.45 which Travelers paid. Included in the treatment was the implantation of two metal screws in the tibia the removal of which was a necessary surgical procedure.

After the year had expired the plaintiff had the screws removed at a cost of $495.-65. The defendant refuses to pay this amount on the theory that it was incurred more than a year after the accident.

The Circuit Court awarded the plaintiff a judgment for $495.65 against the Travelers. The Travelers has appealed. The sole question is whether in the circumstances the Travelers is liable for the $495.65 item of medical expense.

Neither party has cited to us any case with facts exactly like those of this case. We conclude, however, from the stipulated facts that when the plaintiff underwent his first surgical procedure the removal of the two screws at some later time then became necessary. Neither the time nor the expense of their removal may have been known; otherwise the liability for the cost became fixed on the day of the first procedure — within one year from the accident. The cost at that time was incurred though the amount was not liquidated until the surgeon removed the screws.

We affirm the judgment of the Circuit Court.

DYER, C. J., CHATTIN and HUM-PHREYS, JJ., and WILSON, Special Justice, concur.