the day in cases including Smith v. Jernigan, No. L-96-1998 (Cir. Ct. of the City of Norfolk 1997) and George Ed Barker v. Richard Steven Bradford and Bare Brothers, Inc., No. 94-149 (Washington Co. Cir. Ct.1997) while the defendant prevailed in Woods v. W-L Construction & Paving, No. 173CL95004689-00 (Smyth Co. Cir. Ct.1995), King v. Sowers et al., No. 93-1005 (Roanoke Cir. Ct.1995), and Martin v. Daugherty, No. 95-244 (Wise Co. Cir. Ct.1997), among others. The parties to the instant case also proffered eases to this court that have considered whether write-offs may be recovered in the managed care context where health insurers, rather than Medicaid, negotiate fixed rates below a physician’s usual fees. See Thornton v. State Farm, No. GV95084881 (City of Richmond Gen. Dist. Ct.1996) (<HOLDING>); Crawford v. State Farm Mut. Auto. Ins. Co.,
holding that plaintiff could recover medical fees not actually paid by the insurance company pursuant to an insurance contract holding that notice and a hearing were required before the commissioner of insurance could require an insurance company to change its definition of at fault in order to secure approval of an increase in insurance rates holding that a closing protection letter offering to indemnify a mortgage company was not an insurance contract where although issued by an insurance company there was no distribution of the risk holding that prevailing party to contract dispute may recover attorneys fees either pursuant to contract or pursuant to statute holding that defendant insurance company could not be held liable in negligence to a plaintiff for failure to disclose the insureds medical condition where defendant insurance company had not assumed a professional and expert position with respect to the insureds physical condition