Where a Section B insurer insists that the insured submit to a
medical examination under the policy, the insured is obligated to
attend the examination and submit to the protocols of that examiner
or face discontinuance of benefits. The insured is not entitled to
insist that the examination be video-recorded where the
examiner's protocol does not permit it.
Greenidge v Allstate Insurance Company, 2019
ABCA 52, per Costigan, J.A.
Facts + Issues
The appellant Greenidge insured was injured in a motor vehicle
accident and received payments under Section B coverage. Allstate
Insurance Company ("Allstate") asked Greenidge to attend
a medical examination, as required by the policy. The policy did
not provide for these examinations to be video-recorded, but did
allow for a chaperone or interpreter to be present. Specifically,
the policy provided as follows:
