AC40999 - Amica Mutual Ins. Co. v. Levine ("This declaratory
judgment action arises from an automobile crash that occurred in 2010 involving
the defendant, Michelle Levine. The defendant appeals from the trial court's rendering
of summary judgment in favor of the plaintiff, the Amica Mutual Insurance
Company. On appeal, the defendant claims that the trial court erred when it
concluded that (1) the provision in the plaintiff's automobile insurance policy
requiring the defendant to undergo an independent medical examination (IME) at
the plaintiff's request was not void as against public policy, (2) the
provision requiring the defendant to undergo an IME was reasonable and the
defendant's refusal to attend was unreasonable, (3) the defendant had breached
the policy's cooperation clause for failing to attend the IME because that
determination was predicated on an improper allocation of the burden of proof,
and (4) there was no issue of material fact as to whether the plaintiff properly
had reserved its rights to bring the present action. We disagree and, therefore,
affirm the judgment of the trial court.")