Absurdity - Montana Supreme Court Rules on IME Rights 9/11/12
The Montana Supreme Court pulls another "...really?..." moment. In Lewis v. Macek OP-401 9/11/12 the court found that in a UM claim the insurer does NOT have the right to request or compel a psychological examination for a condition (chronic pain) that physicians on both sides of the case say may be caused or exacerbated by preexisting health issues. The court ruled that since there was no specific allegation of mental health issues brought in the complaint by the plaintiff, there was no condition "in controversy" that would allow for a Rule 35 examination. Plaintiff's right to privacy was greater than the "good cause" shown by State Farm to seek an independent psych evaluation to assist with the determination of the relationship, if any, between pre-existing mental and health issues and the current condition. This from the land where subrogation (according to the same court) is "against public policy".