Neal v. Superior Insurance Company

Smith, Judge.

Appellant Neal sued Superior Insurance Company to collect Personal Injury Protection (PIP) benefits allegedly owed him for certain chiropractic treatments pursuant to the now repealed but herein applicable Georgia Motor Vehicle Accident Reparations Act (former OCGA § 33-34-1 et seq.). Appellant also sought a statutory “bad faith” penalty, attorney fees, and punitive damages. The insurer filed a motion for partial summary judgment as to its nonliability for bad faith penalties, showing that it refused to pay only for those chiropractic treatments received after an independent…