Burgess v. Allstate Indemnity Co.

NORTHCUTT, Judge.

Kenneth Burgess, an insured under an Allstate Indemnity Company insurance *131policy providing personal injury protection 1 and automobile medical payment benefits, obtained medical care for injuries he received in an automobile accident. When Allstate refused to pay the full amount of some of Burgess’s medical bills, he sued it for breach of the insurance contract. Allstate contended Burgess had suffered no damage because he had not been sued by the affected medical providers. Its policy contains an indemnity clause, which states:

Unreasonable or Unnecessary Medical Expenses

If a…