SUZANNE KLIPPER, PETITIONER,
v.
GOVERNMENT EMPLOYEES INSURANCE COMPANY, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Suzanne Klipper sought certiorari review of a circuit court order requiring her to submit to a medical examination requested by her insurance company but denying her request to have a court reporter present. The Florida Second District Court of Appeal denied the petition, holding that contractual medical examinations under insurance law are distinct from discovery examinations under civil procedure rules and do not require the insurer to permit third-party observers.
The court held that an insured does not have the right to have a court reporter present during a contractual medical examination requested by an insurer under section 627.736(7), Florida Statutes. The court distinguished such contractual examinations from compulsory examinations under Florida Rule of Civil Procedure 1.360, where third-party observers may be permitted.
[1] An insurer may require a medical examination of an insured pursuant to a policy provision or statute, separate from discovery rules, to evaluate benefit obligations.
[2] An insured seeking benefits under a policy does not have an absolute right to have a court reporter present at a contractually or statutorily mandated medical examination…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“an examination conducted pursuant to the rules of civil procedure presupposes that litigation has been initiated and that the parties are in an adversarial posture. The medical examination provided for by section 627.736(7), which arises from the contractual relationship between a consumer and the insurer of his choice, is designed to assist the insurer in evaluating whether it is obligated to pay benefits under its policy.”
Establishes the fundamental distinction between contractual insurance examinations and discovery examinations under civil procedure rules
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceKlipper filed a declaratory relief action seeking personal injury protection benefits under a GEICO insurance policy. GEICO requested a medical examin…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Medical Examination cases and more on FLexlaw
PER CURIAM.
Suzanne Klipper seeks certiorari review of an order of the circuit court which requires her to submit to a medical examination but disallows her request to have a court reporter present during such examination. We deny the petition.
Klipper, who has filed an action for declaratory relief in circuit court, is seeking personal injury protection benefits under a policy issued by the respondent, Government Employees Insurance Company (GEI-CO). Prior to initiating her declaratory action Klipper had agreed to honor GEI-CO’s request for a medical examination, made pursuant to section 627.736(7), Florida Statutes (1989).
However, Klipper insisted that a court reporter be present. This resulted in cancellation of the scheduled examination.1 GEICO filed a motion for summary judgment, asking the trial court to find that Klipper had unreasonably refused to cooperate, thereby breaching the insurance contract. See Allstate Insurance Co. v. Graham, 541 So. 2d 160 (Fla. 2d DCA 1989). While the circuit court did find Klipper’s refusal to attend the examination “unreasonable,” it declined to impose any sanction beyond agreeing that GEICO had the right to insist upon an examination without the court reporter present.2
Klipper contends that this case is governed by our decision in Stakley v. Allstate Insurance Co., 547 So. 2d 275 (Fla. 2d DCA 1989).
We disagree. Stakley dealt with a compulsory examination under Florida Rule of Civil Procedure 1.360. We held that “[ajbsent any valid reason to prohibit the presence of a third party [requested by the person to be examined], their presence should be allowed.” See also, Bartell v. McCarrick, 498 So. 2d 1378 (Fla. 4th DCA 1986); Gibson v. Gibson, 456 So. 2d 1320 (Fla. 4th DCA 1984).
However, an examination conducted pursuant to the rules of civil procedure presupposes that litigation has been initiated and that the parties are in an adversarial posture. The medical examination provided for by section 627.-736(7), which arises from the contractual relationship between a consumer and the insurer of his choice, is designed to assist the insurer in evaluating whether it is obligated to pay benefits under its policy. Tindall v. Allstate Insurance Co., 472 So. 2d 1291 (Fla. 2d DCA 1985), rev. denied, 484 So. 2d 10 (Fla.1986). It does not necessarily follow that the outcome will be to the insured’s disadvantage or that the examination is merely a prelude to inevitable litigation over coverage.
Neither the statute nor the terms of Klipper’s policy give the insured the right to set additional conditions for the examination. As the trial court concluded, “the insurance company [is] not bound by the same standards as it would be if it were under a discovery process.”
Petition denied.
SCHEB, A.C.J., and THREADGILL and ALTENBERND, JJ., concur. . The record suggests no particular reason for the doctor’s refusal to conduct the examination under these conditions, except for GEICO’s representations that he "will not allow” it.
. Klipper also refused to attend a second examination with a dentist selected by GEICO, for reasons apart from the issue posed by this petition. In this instance the trial court held that her actions were not unreasonable.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Tindall v. Allstate Ins. Co., 472 So. 2d 1291 (Fla. 2d DCA 1985)
- Bartell v. McCARRICK, 498 So. 2d 1378 (Fla. 4th DCA 1986)
- Maas v. Maas, 541 So. 2d 160 (Fla. 2d DCA 1989)
- Gibson v. Gibson, 456 So. 2d 1320 (Fla. 4th DCA 1984)
- Stakley v. Allstate Ins. Co., 547 So. 2d 275 (Fla. 2d DCA 1989)