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KEYSTONE INSURANCE COMPANY v. JOSEPH CAPUTO AND MARY CAPUTO (08/19/87)

filed: August 19, 1987.

KEYSTONE INSURANCE COMPANY
v.
JOSEPH CAPUTO AND MARY CAPUTO, HIS WIFE, APPELLANTS



Appeal from the Order entered October 27, 1986 in the Court of Common Pleas of Bucks County, Civil Division, at No. 86-004887-05-1.

COUNSEL

Peter Goodman, Philadelphia, for appellants.

Dennis Veneziale, Philadelphia, for appellee.

Olszewski, Del Sole and Beck, JJ.

Author: Del Sole

[ 365 Pa. Super. Page 432]

Joseph and Mary Caputo were involved in an automobile accident in October, 1985. The Caputos sustained personal injuries in the accident and made claims for benefits from their insurer, Keystone Insurance Company, pursuant to the Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. § 1701 et seq. On June 26, 1986, Keystone filed a Petition for Medical Examination pursuant to § 1796 of the Act; the Caputos filed a timely answer to Keystone's petition on July 31, 1986. The trial judge granted Keystone's petition on October 27, 1986, and ordered Joseph and Mary Caputo to

[ 365 Pa. Super. Page 433]

    submit to a medical examination by a doctor of Keystone's choice. This appeal followed.

Before we address the issue raised in this appeal, we must determine whether the order appealed from is a final appealable order.

The statute upon which the trial court order is based provides as follows:

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 ...


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