THE INSURANCE CODE OF 1956
Act 218 of 1956
500.3153 Court orders as to noncompliance with MCL 500.3151 and 500.3152.
Sec. 3153.
A court may make such orders in regard to the refusal to comply with sections 3151 and 3152 as are just, except that an order shall not be entered directing the arrest of a person for disobeying an order to submit to a physical or mental examination. The orders that may be made in regard to such a refusal include, but are not limited to:
(a) An order that the mental or physical condition of the disobedient person shall be taken to be established for the purposes of the claim in accordance with the contention of the party obtaining the order.
(b) An order refusing to allow the disobedient person to support or oppose designated claims or defenses, or prohibiting him from introducing evidence of mental or physical condition.
(c) An order rendering judgment by default against the disobedient person as to his entire claim or a designated part of it.
(d) An order requiring the disobedient person to reimburse the insurer for reasonable attorneys' fees and expenses incurred in defense against the claim.
(e) An order requiring delivery of a report, in conformity with section 3152, on such terms as are just, and if a physician fails or refuses to make the report a court may exclude his testimony if offered at trial.
History: Add. 1972, Act 294, Eff. Mar. 30, 1973
PopularName Notes:
Act 218
PopularName Notes:
Essential Insurance
PopularName Notes:
No-Fault Insurance
Notes of Decisions
20221117_C358267_55_358267.Opn.Ord.Pdf (Mich. Ct. App. 2022).
· cites it 8× “MCL 500.3153 lists potential sanctions for failure to attend required IMEs, including “[a]n order refusing to allow the disobedient person to support or oppose designated claims or defenses, or prohibiting him from introducing evidence of mental or physical condition,” MCL 500.”
Ahmed Alshammam v. Home-Owners Ins. Co. (Mich. Ct. App. 2023).
· cites it 6× “See MCL 500.3153. Specifically, MCL 500.3153 provides: A court may make such orders in regard to the refusal to comply with sections 3151 and 3152 as are just, except that an order shall not be entered directing the arrest of a person for disobeying an order to submit to a…”
Arthur Willis Jr v. Farmers Ins. Exch. (Mich. Ct. App. 2023).
· cites it 5× “116(C)(10) and as a sanction under MCL 500.3153 for Willis’s failure to attend four scheduled defense medical examinations (DMEs).”
Timothy Hogue v. Auto Club Grp. Ins. Co. (Mich. Ct. App. 2020).
· cites it 3× “MCL 500.3153 provides, in relevant part: A court may make such orders in regard to the refusal to comply with sections 3151 and 3152 as are just, except that an order shall not be entered directing the arrest of a person for disobeying an order to submit to a physical or mental…”
Mager Drew v. Nationwide Mut. Fire Ins. Co. (Mich. Ct. App. 2022).
· cites it 3× “MCL 500.3153 states: -2- A court may make such orders in regard to the refusal to comply with sections 3151 and 3152 as are just, except that an order shall not be entered directing the arrest of a person for disobeying an order to submit to a physical or mental examination.”
Montgomery v. Gore Mut. Ins. Co. (E.D. Mich. 2019).
“3163(4) as personal protection insurance benefits but for the $500,000 limit, that person may bring an action in tort under MCL 500.3153(3)(d) for the amount of economic loss above the $500,000 limit unless the damages are recoverable from other sources.”
Lint Chiropractic Pc v. Allstate Indem. Co. (Mich. Ct. App. 2024).
“3151] to [MCL 500.3153]. There is a rebuttable presumption that a person has satisfied the duty to cooperate under this section if all of the following apply: -3- (a) The person submitted a claim for personal protection insurance benefits under the assigned claims plan by…”
— Mich. Comp. Laws § 500.3153(3)(d) — 1 case
Montgomery v. Gore Mut. Ins. Co. (E.D. Mich. 2019).
“3163(4) as personal protection insurance benefits but for the $500,000 limit, that person may bring an action in tort under MCL 500.3153(3)(d) for the amount of economic loss above the $500,000 limit unless the damages are recoverable from other sources.”
— Mich. Comp. Laws § 500.3153(b) — 1 case
20221117_C358267_55_358267.Opn.Ord.Pdf (Mich. Ct. App. 2022).
“MCL 500.3153 lists potential sanctions for failure to attend required IMEs, including “[a]n order refusing to allow the disobedient person to support or oppose designated claims or defenses, or prohibiting him from introducing evidence of mental or physical condition,” MCL 500.”
— Mich. Comp. Laws § 500.3153(c) — 4 cases
20221117_C358267_55_358267.Opn.Ord.Pdf (Mich. Ct. App. 2022).
“MCL 500.3153 lists potential sanctions for failure to attend required IMEs, including “[a]n order refusing to allow the disobedient person to support or oppose designated claims or defenses, or prohibiting him from introducing evidence of mental or physical condition,” MCL 500.”
Arthur Willis Jr v. Farmers Ins. Exch. (Mich. Ct. App. 2023).
“116(C)(10) and as a sanction under MCL 500.3153 for Willis’s failure to attend four scheduled defense medical examinations (DMEs).”
Ahmed Alshammam v. Home-Owners Ins. Co. (Mich. Ct. App. 2023).
“See MCL 500.3153. Specifically, MCL 500.3153 provides: A court may make such orders in regard to the refusal to comply with sections 3151 and 3152 as are just, except that an order shall not be entered directing the arrest of a person for disobeying an order to submit to a…”
— Mich. Comp. Laws § 500.3153(d) — 1 case
20221117_C358267_55_358267.Opn.Ord.Pdf (Mich. Ct. App. 2022).
“MCL 500.3153 lists potential sanctions for failure to attend required IMEs, including “[a]n order refusing to allow the disobedient person to support or oppose designated claims or defenses, or prohibiting him from introducing evidence of mental or physical condition,” MCL 500.”
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