September 12, 2016
Kentucky automobile insurers cannot use "paper reviews" to terminate or deny no-fault benefits, according to a to-be-published opinion issued by the Court of Appeals. Houchens v. GEICO, 2014-CA-2017. In "paper reviews," the insurer sends the insured's medical records to a doctor - often located outside of Kentucky - to determine whether the insured's on-going medical care is reasonable and necessary, without any physical examination of the insured. The Court held that Kentucky's motor vehicle statutes do not allow an insurer to deny or terminate basic reparations benefits based on such a limited review. The Court noted that an auto insurer that "questions the veracity of an insured's medical bills may petition the court" to order an independent medical examination of the insured.