The insurer was not acting in bad faith or in breach of the terms of the policy when it discontinued coverage after the insured refused to attend a medical examination without being able to video record the examination

Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Independent medical examination – Bad faith – Breach of policy

Greenidge v. Allstate Insurance Co., [2018] A.J. No. 416, 2018 ABQB 266, Alberta Court of Queen’s Bench, April 6, 2018, K.G. Nielsen J.

The insured refused to attend an independent medical examination arranged by the insurer because the physician refused to allow the insured to video record the examination. As a result, the insurer discontinued coverage. The Court held that the insurer was entitled to have the examination conducted by a physician of the insurer’s choice and was not acting in bad faith by selecting that particular physician. Although the Alberta Rules of Court allow for video recording of independent medical examinations, the Automobile Accident Insurance Benefits Regulation does not. As the legislature could have incorporated such a provision in the Automobile Accident Insurance Benefits Regulation but did not do so, it would be inappropriate to read such a term into the Regulation or to imply such a term into the insurance contract. The insurer did not breach the terms of the policy or its duty of utmost good faith when it discontinued coverage.

This case was digested by Dionne H. Liu, and first published in the LexisNexis® Harper Grey Administrative Law Netletter and the Harper Grey Administrative Law Newsletter.  If you would like to discuss this case further, please contact Dionne H. Liu at dliu@harpergrey.com.

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