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Pa. Justice Presses Insurers To Defend Forced Medical Exams

Law360 (May 15, 2019, 4:48 PM EDT) -- A member of Pennsylvania's highest court suggested during oral arguments on Wednesday that Allstate and Travelers were bypassing state law through policies requiring car crash victims to undergo medical exams as part of the claims process, and he challenged the insurers to justify the practice.

Supreme Court Justice Kevin Dougherty asked during a hearing in Harrisburg how Allstate Insurance Co. and Travelers Insurance Co. could stake a claim on the power to deny benefits to insureds who refuse to undergo independent medical examinations when the state's Motor Vehicle Financial Responsibility Law specifically vested that power with the courts.

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