McBride v. State Farm Mutual Automobile Ins. Co.

• Court: Oregon Court of Appeals
• Area(s) of Law: Insurance Law
• Date Filed: 12-07-2016
• Case #:  A159232
• Judge(s)/Court Below: Short, J. for the Court; Armstrong, P. J.; & Tookey, J.

ORS 742.524 states that the PIP claim is presumed to be reasonable and necessary unless the medical provider receives notice of the denial within that 60 calendar day period. Plaintiff’s failure to attend a medical examination required by the insurance policy is a “condition of forfeiture” of rights under that policy.

Plaintiff assigned error to the trial court’s grant of summary judgment and its denial of plaintiff’s cross-motion for partial summary judgment. ORS 742.524 states that a PIP claim is presumed to be reasonable and necessary unless the medical provider receives notice of the denial within that 60 calendar day period. Plaintiff’s failure to attend a medical examination required by the insurance policy is a “condition of forfeiture” of rights under that policy. Plaintiff failed to create any disputed issues of material fact. The trial court neither erred in granting Defendant’s motion for summary judgment nor in denying Plaintiff’s cross-motion for partial summary judgment. Affirmed.

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