State Farm Mutual Automobile Insurance Company, Petitioner v. Robin Curran, Respondent — Polston, J., Dissenting

Summary

The dissent argues that the insurance policy unambiguously made submission to a compulsory medical examination a condition precedent to Curran's right to sue for uninsured motorist benefits. Because Curran failed to attend either examination, the dissent would require dismissal of her action without requiring State Farm to plead or prove prejudice, while allowing refiling if the condition could be satisfied within the limitations period. Justice Lewis, concurring in result, would instead invalidate the examination provision as contrary to the statutory purpose and public policy governing uninsured motorist coverage.