Nationwide Mutual Insurance v. St. John

524 S.E.2d 649, 259 Va. 71, 2000 Va. LEXIS 2
CourtSupreme Court of Virginia
DecidedJanuary 14, 2000
DocketRecord 990161
StatusPublished
Cited by23 cases

This text of 524 S.E.2d 649 (Nationwide Mutual Insurance v. St. John) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nationwide Mutual Insurance v. St. John, 524 S.E.2d 649, 259 Va. 71, 2000 Va. LEXIS 2 (Va. 2000).

Opinions

JUSTICE LACY

delivered the opinion of the Court.

In this appeal we consider whether the trial court properly determined that an insurance company did not act in good faith under Code § 8.01-66.1(A).

I.

Joel St. John, a twelve-year-old boy, had his nose, knee, neck, and back injured in an automobile accident on May 17, 1994. His mother scheduled an appointment with his family physician and with a chiropractor who had treated Joel’s father. On May 24, 1994, Joel was treated by his family physician for his knee and nose injuries. The next day Joel was examined by Dr. David M. deBarros, the chiropractor. Dr. deBarros’ examination disclosed objective findings of fixations of the spine, positive findings of a shoulder depression indicating either a muscle tear or nerve compression or stretching, a positive Schepelmann’s test which showed pain while flexing the head to the right, and a vertebra that had moved out of position, called a [74]*74T-12 subluxation. According to Dr. deBarros, all these injuries were caused by the automobile accident.

Initially Joel was treated for these conditions three times a week, and then twice a week for four weeks. Following reevaluation on August 8, 1994, his treatments were reduced to once a week. Joel was periodically reevaluated and his treatment continued at a frequency consistent with his condition at the time of reevaluation. Joel was dismissed from Dr. deBarros’ care on April 5, 1995.

Joel was an insured under an automobile liability insurance policy issued to his father by Nationwide Mutual Insurance Company (Nationwide). A medical expense claim of $1,960 for Joel’s treatment was submitted to Nationwide. Nationwide referred the claim to Dr. James W. Walker, a chiropractor, for review and evaluation of Joel’s medical records. Based on Dr. Walker’s review, Nationwide paid $378.50 for medical expenses incurred prior to June 15, 1994, and disallowed all expenses incurred after that date.

Joel, by his mother as next friend, filed.suit against Nationwide in the General District Court of the City of Richmond seeking recovery of the medical costs for the ten months of chiropractic care disallowed by Nationwide. Nationwide removed the case to the Circuit Court of the City of Richmond. The jury returned a verdict in favor of Joel for $1,581.50, approximately the amount of the unpaid balance of the chiropractic medical bills. Citing Code § 8.01-66.1(A), Joel asked the trial court to double the amount of the damages and award attorneys’ fees because Nationwide acted in bad faith when it refused to pay for chiropractic care incurred after June 15, 1994.

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Bluebook (online)
524 S.E.2d 649, 259 Va. 71, 2000 Va. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nationwide-mutual-insurance-v-st-john-va-2000.