Government Employees Insurance Company v. Marcos Cabudol, Jr.

24 F.3d 246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Plaintiff-Appellee, v. Marcos CABUDOL, Jr., Defendant-Appellant. No. 92-16904. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1993. Decided May 10, 1994. Before: POOLE, WIGGINS, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * I. FACTS AND PRIOR PROCEEDINGS 2 Appellant Marcos Cabudol, Jr. ("Appellant") was involved in an automobile accident on July 27, 1990 while insured by appellee Government Employee's Insurance Company ("Appellee") under a no-fault policy and uninsured motorist coverage. Four days later, he sought treatment from his own doctor. 3 The policy provided, as permitted by Hawaii Administrative Rule Sec. 16-23-60, that "[t]he injured person shall submit to examination chosen by us and at our expense as we may reasonably require." Appellee, pursuant to the no-fault policy, requested that Appellant undergo such an examination, known as…