The appellant was injured in a bicycle-motor vehicle collision and notified the respondents' insurer of her intent to sue.
The insurer scheduled independent medical examinations under s. 258.3(1)(d) of the Insurance Act.
The appellant refused to attend.
The respondents obtained a court order compelling her attendance.
On appeal, the Court of Appeal held that the statutory scheme does not confer jurisdiction on the court to compel a plaintiff to undergo a medical examination before an action is commenced.
The only penalty for non-compliance provided by the legislature is that the court may consider it when awarding costs under s. 258.3(9).
The appeal was allowed and the order compelling the examination was set aside.
