Wednesday, January 18, 2023

Summary Judgment Granted in Favor of Carrier in Auto Accident First Party Benefits Case Regarding Issues With an IME

In the case of Loughery v. Mid-Century Ins. Co., No. 2:-19-CV-00383-WSH (W.D. Pa. Dec. 20, 2022 Hardy J.), the court addressed cross Motion for Summary Judgment on a Plaintiff’s claim for statutory bad faith alleging that a Defendant carrier requested an independent medical examination in an auto accident first party benefits case without first obtaining a court order and without good cause.

In denying the Plaintiff’s Motion for Summary Judgment, the court found that the Plaintiff did not show that the Defendant carrier acted unreasonably and in bad faith in failing to pay on the claims presented as there was a split of opinion in the courts as to the validity of the IME clause at issue.

The court also noted that the Defendant carrier’s interpretation of the provision was in accordance with the interpretation of the law as expressed by some of those courts.

As such, the court granted the Defendant carrier’s Motion for Summary Judgment.

Anyone wishing to review a copy of this decision may click this LINK.

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