Muci v. State Farm Mutual Automobile Insurance

732 N.W.2d 88, 478 Mich. 178, 2007 Mich. LEXIS 1249
CourtMichigan Supreme Court
DecidedJune 6, 2007
DocketDocket 129388
StatusPublished
Cited by42 cases

This text of 732 N.W.2d 88 (Muci v. State Farm Mutual Automobile Insurance) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Muci v. State Farm Mutual Automobile Insurance, 732 N.W.2d 88, 478 Mich. 178, 2007 Mich. LEXIS 1249 (Mich. 2007).

Opinions

TAYLOR, C.J.

At issue in this no-fault automobile insurance case is whether provisions of the no-fault act and the parties’ contract of insurance establish the extent of allowable conditions on a medical examination of the claimant, or whether the allowable conditions are within a circuit court’s discretion pursuant to MCR 2.311 (the general rule governing discovery with respect to physical and mental examinations). We conclude that the act and the contract establish the parameters of what is allowed and that the court’s role is confined to [181]*181adjudicating disputes that arise under them. Accordingly, we reverse the judgment of the Court of Appeals and the order of the trial court that held to the contrary, and remand to the trial court for further proceedings consistent with this opinion.

I. factual background and procedural posture

Alina Muci, an insured of State Farm Mutual Automobile Insurance Company (State Farm), was injured in an automobile accident in May 2002. She sought medical and psychiatric treatment for those injuries and, although the record is sketchy, it appears that she filed a claim with State Farm for personal protection insurance (PIP) benefits pursuant to the established process under the no-fault act, MCL 500.3142(2).1 In such a situation State Farm, also operating under the procedures of the no-fault act, would have usually demanded, pursuant to MCL 500.3151 and the relevant section of the State Farm insurance policy,2 that Muci submit to an independent medical examination. How[182]*182ever, in this case, it appears that, for reasons not indicated in the record before us, State Farm did not demand an independent medical examination. These unknown circumstances, which are irrelevant to the issue before us, culminated in State Farm’s not paying Muci’s claim, and she filed this action for a declaratory judgment, asserting that State Farm was unreasonably refusing to pay PIP benefits to which she was entitled.

As the lawsuit developed, State Farm demanded an unconditional medical examination (customarily referred to as a defense medical examination or DME) pursuant to § 3151 of the no-fault act. Muci refused, asserting that § 3151 and the policy were not exclusively controlling and that, rather, the conduct of any independent medical examination was also governed by MCR 2.311(A), the rule covering independent medical examinations in litigation of any kind. State Farm disputed Muci’s assertion, contending that MCR 2.311(A) conflicts with § 3151, because the rule limits the unqualified right to an independent medical examination provided in § 3151 by requiring that litigation be pending and good cause for the examination be shown, and by allowing court-created conditions on the examination.

State Farm, in a motion to compel Muci to submit to a medical examination pursuant to § 3151, asserted that, as the insurer, it had the unconditional right to an independent medical examination conducted by its own physician without regard to whether litigation was pending or good cause for the examination had been shown. The trial court, evidently believing that MCR 2.311(A) could be read as a rule that merely supplemented § 3151, issued an order allowing the medical [183]*183examination but subject to many of the conditions proposed by plaintiff. The order included the following conditions:

1. That included with Plaintiffs notice of the medical examiner’s deposition, Plaintiffs counsel shall be entitled to subpoena copies of all IRS form 1099’s for the years 2000,2001, and 2002, inclusive, for payments issued to said examiner, individually, and to any entity which received compensation for Independent and/or Insurance and/or defense medical examinations and related forensic services performed by said examiner, including but not limited to:
a. Independent and/or Insurance and/or Defense medical examination;
b. Independent and/or Insurance and/or Defense medical examination reports;
c. Depositions;
d. Medical records reviews; and
e. Forensic activity for which payments were made.
In the event said examiner refuses to provide the subpoenaed documents at his deposition, Defendant will be barred from introducing said examiner’s testimony at trial.
2. That the Plaintiff may be accompanied by her attorney or other representative as allowed by MCR 2.311(A) to observe the examination and/or be permitted to record the examination by means of simultaneous audio and visual recording.
3. No other persons other than Plaintiff, her representative, the videographer, and designated medical examiner and his or her staff are allowed to be present during the examination.
4. That the examination must be limited to Plaintiffs conditions, which are in controversy in this action, as provided by the Michigan Court Rules of 1985.
5. Any persons assisting the defense medical examiner must be fully identified by full name and title to Plaintiff, Plaintiffs representative, and on the video.
[184]*1846. Defendant shall provide transportation or pay transportation to the Plaintiff for the evaluation/examination. If the Plaintiff chooses to drive or be driven by someone else she knows, the Defendant will reimburse the Plaintiff for reasonable transportation costs to and from each examination, at the rate of .35 cents [sic] a mile.
7. That the total time for examination and testing, if applicable, shall not be limited by Plaintiff or Plaintiffs counsel.
8. That a copy of this order shall be provided to the physician by the defense attorney prior to the exam.
9. That the Plaintiffs counsel will be provided a current copy of the curriculum vitae of the defense medical examiner no more than thirty (30) days after the scheduled appointment, [sic] As well as:
a. Within 21 days of the entry of this order Defendant will provide a statement of the reasonable charge for the Plaintiffs counsel taking of 1 hour deposition of the defense medical examiner at the medical examiner’s office.
b. The full and correct name of the defense medical examiner (or separate billing entity, i.e. payee), with the tax identification number so that Plaintiff can comply with tax code and regulation requirements for any payment made in taking the examiner’s deposition.
10. That no diagnostic test or procedure that is painful, protracted, or intrusive will be allowed as set forth in the Michigan Court Rules of 1985. X-rays will be allowed.
11. That the Plaintiff may be held responsible for cancellation fees charged the Defendant, unless the Plaintiff gives notification to the office of the Defense counsel 48 hours before canceling the appointment.
12. That the Plaintiffs attorney will he permitted to intercept communications between the Plaintiff and the defense medical examiner, in the same manner as if the Plaintiffs deposition were being taken and if the communications are in violation of this order.

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Cite This Page — Counsel Stack

Bluebook (online)
732 N.W.2d 88, 478 Mich. 178, 2007 Mich. LEXIS 1249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muci-v-state-farm-mutual-automobile-insurance-mich-2007.