NCMIC Insurance Company, smarting from articles discussing perceived flaws in its chiropractic malpractice policy coverage, sought to silence its critics by saying the stories contained "misleading or deceptive statements." However, an attorney for The Chiropractic Journal and Chiropractic Benefit Services (CBS) refuted the accusation and challenged NCMIC to provide complete information about its coverage to doctors.

In a letter to Terry A. Rondberg, D.C., president of CBS and publisher of The Chiropractic Journal, Edgar F. Hansell, an attorney representing NCMIC, claimed that several statements made by CBS in its advertisements and articles "appear to constitute false and misleading advertising."

He specifically referred to information released by CBS concerning Dr. Lou Sportelli, NCMIC president's support of the Mercy Guidelines, and coverage of D.C.s who adjust children or provide more than the number of visits recommended by the Mercy document.

In addition, he questioned the accuracy of statements regarding NCMIC's failure to provide full coverage for board disputes or allegations of sexual misconduct.

In response, David J. Bodney, attorney for The Chiropractic Journal, said that NCMIC has failed to disprove any of the statements made by CBS or printed in the Journal. "As you know," he told Hansell, "truth...is a complete defense to any defamation claim."

Bodney serves as Managing Partner in the Phoenix office of the prestigious law firm of Steptoe & Johnson. His practice areas include media and constitutional law, as well as civil litigation and government affairs. He teaches media law at Arizona State University, and has served as the co-author of the Arizona sections of the LDRC's 50 State Survey on libel and privacy law since its inception.

In addition, Bodney has lectured on media law and litigation at conferences internationally, including recent presentations on libel and mass media law in London and Moscow.

"We have every confidence in our legal representative to counter these desperate attempts to prevent CBS from providing full information about malpractice coverage to doctors of chiropractic," stated Timothy Feuling, vice president of CBS. "If these statements were untrue, NCMIC would be able very easily to disprove them. Exactly what is its current position on Mercy and its willingness to defend doctors who correct subluxations in women, children and asymptomatic patients?"

Feuling stressed that David Bodney is highly respected in his field and has particular expertise in media law. He also pointed out that Bodney was named as an advisor on civil liberties issues to the White House Commission on Aviation Safety and Security, is a past president of the Arizona Center for Law in the Public Interest, and former member of the Arizona Chief Justice's Commission on Juvenile Justice.

"CBS is proud to be the only chiropractic malpractice program that specifically supports and defends subluxation-based doctors and that endorses the CCP Guidelines," Feuling added. "That means we do not expect doctors to follow the medical standards of the failed Mercy guidelines."

In the past, NCMIC has been criticized for its support of the Mercy document. In 1993, NCMIC was listed as an "Industrial Sponsor" for the Mercy Conference. In addition, Dr. Sportelli served as a member of the Mercy Center Commission responsible for developing the guidelines.

Although numerous chiropractic organizations and companies quickly disavowed the Mercy document when it was shown to the profession, neither NCMIC nor Sportelli has ever publicly rejected the Mercy guidelines. It is commonly assumed, therefore, that they continue to support the document.

"If an insurance company supports Mercy or Mercy-like guidelines, it will be difficult for that company to defend chiropractors for care that doesn't comply with those guidelines," explained Feuling. "How will the company be able to stand up in court and say, on the one hand, that it supports Mercy and, on the other, that it defends a doctor's right to correct subluxations in infants or to provide ongoing wellness care?"

Feuling said he stands by every statement made by CBS concerning chiropractic policy coverage. "We think it's important to alert all D.C.s to potential problems in various malpractice policies," he said. "That encompasses exclusions and provisions that can leave doctors vulnerable to lawsuits."