Jensen v. American Family Mutual Insurance Co‪.‬

Opinion by JUSTICE HODGES Plaintiffs, whoare husband and wife, appeal from a judgment entered on a jury verdict in favor of defendant insurance company. The plaintiffs' claim, under a personal insurance protection policy (PIP policy) issued by defendant, was based on their allegation that defendant had willfully and wantonly refused to pay fully for certain treatment for personal injuries sustained by the wife in two automobile accidents. We affirm. It was undisputed at trial that the wife was involved in an automobile accident on January 2, 1981, and that defendant paid her initial medical expenses for chiropractic treatment, but subsequently requested that she submit to an examination by an independent orthopedic physician before it would make additional payments. Based on the orthopedist's report that no further chiropractic treatment was required, defendant notified plaintiffs on March 31 that it would no longer pay for such treatment. On June 9 defendant received a report from the wife's treating chiropractor stating that she had developed additional spinal problems. In response, defendant demanded that the wife submit to another orthopedic examination, which she refused to undergo. Further payments were thereupon refused.