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WEAVER v. STATE FARM INS. COMPANIES

Nos. C9-98-1859, C3-98-2098, C1-98-2231.

609 N.W.2d 878 (2000)

Dana WEAVER, Wesley Hovland, Elizabeth Chorske, petitioners, Appellants, v. STATE FARM INSURANCE COMPANIES, petitioner, Respondent.

Supreme Court of Minnesota.

Rehearing Denied May 24, 2000.

Attorney(s) appearing for the Case

Mark C. Vandelist, Vandelist & Vandelist, P.A., Burnsville, Sharon Vandyck, Schwebel Goetz & Sieben, Minneapolis, for Dana Weaver.

Michael B. Sokol, Sokol Law Office, Bloomington, for Wesley Hovland.

Charles A. Beckjord, Errol Kantor & Assoc., Minneapolis, for Elizabeth Chorske.

William M. Hart, Jenneane L. Jansen, Meagher & Greer, P.L.L.P., Minneapolis, for State Farm Ins. Companies.

Wilbur W. Fluegel, Fluegel Law Office, Minneapolis, for amicus curiae MTLA.

Kay Nord Hunt, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for amicus curiae Insurance Federation of Minnesota.

Heard, considered, and decided by the court en banc.

OPINION

RUSSELL A. ANDERSON, Justice.

In these three consolidated cases we examine the authority and jurisdiction of a no-fault arbitrator to award benefits when the insured has refused to attend an independent medical examination (IME) because of the insurer's nonpayment of a disputed claim. We hold that under the Minnesota No-Fault Act, Minn.Stat. § 65B.41-.71 (1998), the arbitrator has authority, on a case by case basis, to award, suspend or deny...

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