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Waldroup v. Lindman8/10/2001
No. 5448
I. INTRODUCTION
The insurer of a chiropractor's patient denied payment for treatment the insurer considered unreasonable and unnecessary. It offered to defend the patient if the chiropractor sued her for payment. The chiropractor sued the insurer, alleging interference with contractual relations. Was it error to grant summary judgment to the insurer on that claim? Because the insurer had a direct financial interest in the contractual relationship between its insured and the chiropractor, and because there was insufficient evidence to raise a genuine issue of material fact to support a claim that an improper purpose motivated the insurer, we hold that any interference by the insurer was privileged as a matter of law. We therefore affirm the grant of summary judgment.
II. FACTS AND PROCEEDINGS
On February 15, 1995 a vehicle rear-ended an automobile in which Melissa Lindman was a passenger. Lindman was insured under an Allstate Insurance Company automobile insurance policy which provided for payments for "all reasonable expenses incurred for necessary treatment actually rendered within one year of accident because of bodily injury."
Lindman went the next day to the Chiropractic Health Clinic, the clinic of E.E. Waldroup, Doctor of Chiropractic. Lindman complained of back and neck pain and headaches.
Before Dr. Waldroup examined her, Lindman completed and signed a patient intake form, which provided:
I understand and agree that health and accident insurance policies are an arrangement between an insurance carrier and myself. Furthermore, I understand that the Chiropractic Health Clinic will prepare any necessary reports and forms to assist me in making collection from the insurance company and that any amount authorized to be paid directly to the Chiropractic Health Clinic will be credited to my account on receipt. However, I clearly understand and agree that all services rendered me are charged directly to me and that I am personally responsible for payment. I also understand that, if I suspend or terminate my care and treatment, any fees for professional services rendered me will be immediately due and payable.
Lindman also signed a personal injury office policy form containing similar language.
Dr. Waldroup administered chiropractic care to Lindman at the clinic between February and May 1995. In June Dr. Waldroup referred Lindman to HealthBeat of Alaska, a physical rehabilitation clinic owned by Dr. Waldroup. Lindman again completed and signed a patient intake form and a personal injury office policy form. She also signed a doctor's lien form, which provided:
I fully understand that I am directly and fully responsible to said doctor for all physical rehabilitation bills submitted by him for service rendered me, and that this agreement is made solely for said doctor's additional protection and in consideration of his awaiting payment. And I further understand that such payment is not contingent on any settlement, claim judgment or verdict by which I may eventually recover said fee.
Dr. Waldroup treated Lindman at HealthBeat of Alaska until December 1995. On December 8, 1995 Allstate, acting as Lindman's insurer, informed Dr. Waldroup in writing that it would deny payment for any treatment Dr. Waldroup rendered at HealthBeat of Alaska after June 30, 1995, unless Dr. Waldroup submitted "additional objective documentation" supporting the treatment as "reasonable, necessary and accident related." Allstate also wrote Lindman on the same date. This letter advised Lindman of its decision to deny payment for the treatment and assured her that "if Allsta
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