Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
§ 1796. Mental or physical examination of person.
(a) General rule.--Whenever the mental or physical condition of a person is material to any claim for
medical, income loss or catastrophic loss benefits, a court of competent jurisdiction
or the administrator of the Catastrophic Loss Trust Fund for catastrophic loss claims
may order the person to submit to a mental or physical examination by a physician.
The order may only be made upon motion for good cause shown. The order shall give
the person to be examined adequate notice of the time and date of the examination
and shall state the manner, conditions and scope of the examination and the physician
by whom it is to be performed. If a person fails to comply with an order to be examined,
the court or the administrator may order that the person be denied benefits until
compliance.
(b) Report of examination.--If requested by the person examined, a party causing an examination to be made shall
promptly deliver to the person examined a copy of every written report concerning
the examination at least one of which must set forth the physician's findings and
conclusions in detail. Upon failure to promptly provide copies of these reports, the
court or the administrator shall prohibit the testimony of the examining physician
in any proceeding to recover benefits.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
1984 Amendment. Act 12 added section 1796.
Notes of Decisions
State Farm Ins. Companies v. Swantner, 594 A.2d 316 (Pa. Super. Ct. 1991).
· cites it 5× “When no response was forthcoming, State Farm, on October 5, 1989, prepared a petition to compel *240 independent medical examination, pursuant to 75 Pa.C.S. § 1796. 2 On October 20,1989, the petition was presented to the trial court, along with an answer and new matter to the…”
Sayles v. Allstate Ins. Co., 260 F. Supp. 3d 427 (M.D. Penn. 2017).
· cites it 3× “at *7 (quoting 75 Pa. Cons. Stat. Ann. § 1796). The court further read the plain language of § 1796 to “require[ ] that the courts, not the insurer or the policy’s language, determine the precise contours of such IMEs, including: (a) providing the insured with notice of the date…”
State Farm Ins. Companies v. Hunt, 569 A.2d 365 (Pa. 1990).
· cites it 4× “[1] The statute, at 75 Pa.C.S. § 1796, authorizes a court to require a claimant to submit to a mental or physical examination by a physician upon a showing of good cause whenever the mental or physical condition of the claimant is relevant to the claim.”
State Farm Mut. Auto. Ins. v. Allen, 544 A.2d 491 (Pa. Super. Ct. 1988).
· cites it 2× “ Whenever the mental or physical condition of a person is material to any claim for medical, income loss or catastrophic loss benefits, a court of competent jurisdiction or the administrator of the Catastrophic Loss Trust Fund for catastrophic loss claims may order the person…”
Coleman v. Workers' Comp. Appeal Bd., 842 A.2d 349 (Pa. 2004).
· cites it 2× “1991) (describing purpose of good cause requirement for mental or physical examination pursuant to 75 Pa.C.S. § 1796 same as Pa.R.C.P. 4010).”
Levine v. Travelers Prop. Cas. Ins., 69 A.3d 671 (Pa. Super. Ct. 2013).
· cites it 2× “See 75 Pa.C.S. § 1796. 8 Such examinations may be performed where the subject voluntarily submits, where an insurance policy so provides, or pursuant to a court order.”
Hill v. Nationwide Ins., 570 A.2d 574 (Pa. 1990).
· cites it 2× “Provision is made in 75 Pa.C.S. § 1796(a) for the physical examination of a claimant whose physical condition is material to his claim for benefits.”
Williams v. Allstate Ins., 595 F. Supp. 2d 532 (E.D. Pa. 2009).
· cites it 2× “In that case, the insurer petitioned to compel an independent medical examination under both 75 Pa.C.S. § 1796, and the insurance policy, which provided that the insured, if injured, must “submit to examinations by company-selected physicians as often as the company reasonably…”
W. Scott v. Travelers Ins Co./ Pet of: 3rd Circuit, 194 A.3d 1046 (Pa. 2018).
“tractual provision in a motor vehicle insurance policy that requires an insured to submit to an independent medical examination by a physician selected by the insurer, when and as often as the insurer may reasonably require, as a condition precedent to the payment of first…”
Erie Ins. Exch. v. Dzadony, 39 Pa. D. & C.3d 33 (1986).
“Section 1796(a) of the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. § 1796(a), permits a court to order a person to submit to a physical examination by a physician for good cause shown.”
Allstate Ins. v. McNichol, 617 A.2d 333 (Pa. Super. Ct. 1992).
“The trial court granted appellee’s petitions and ordered the examinations pursuant to 75 Pa.C.S. § 1796, which states as follows: *573 § 1796.”
— 75 Pa. Cons. Stat. § 1796(a) — 24 cases
Sayles v. Allstate Ins. Co., 260 F. Supp. 3d 427 (M.D. Penn. 2017).
“at *7 (quoting 75 Pa. Cons. Stat. Ann. § 1796). The court further read the plain language of § 1796 to “require[ ] that the courts, not the insurer or the policy’s language, determine the precise contours of such IMEs, including: (a) providing the insured with notice of the date…”
State Farm Ins. Companies v. Swantner, 594 A.2d 316 (Pa. Super. Ct. 1991).
“When no response was forthcoming, State Farm, on October 5, 1989, prepared a petition to compel *240 independent medical examination, pursuant to 75 Pa.C.S. § 1796. 2 On October 20,1989, the petition was presented to the trial court, along with an answer and new matter to the…”
Hill v. Nationwide Ins., 570 A.2d 574 (Pa. 1990).
“Provision is made in 75 Pa.C.S. § 1796(a) for the physical examination of a claimant whose physical condition is material to his claim for benefits.”
W. Scott v. Travelers Ins Co./ Pet of: 3rd Circuit, 194 A.3d 1046 (Pa. 2018).
“tractual provision in a motor vehicle insurance policy that requires an insured to submit to an independent medical examination by a physician selected by the insurer, when and as often as the insurer may reasonably require, as a condition precedent to the payment of first…”
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