Robert A. Kinman v. State Farm Mutual Automobile Insurance Company , 411 F. App'x 261 ( 2011 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 10-11913 JAN 27, 2011
Non-Argument Calendar JOHN LEY
CLERK
D. C. Docket No. 6:09-cv-00889-ACC-DAB
ROBERT A. KINMAN,
Plaintiff - Appellant,
versus
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
a foreign profit corporation,
Defendant - Appellee.
______________
Appeal from the United States District Court
for the Middle District of Florida
_____________
(January 27, 2011)
Before TJOFLAT, BLACK and ANDERSON, Circuit Judges.
PER CURIAM:
Robert Kinman brought this action against State Farm Mutual Automobile
Insurance Company for uninsured/underinsured motorist benefits for injuries he
allegedly sustained in a motor vehicle accident. State Farm pled as an affirmative
defense that Kinman failed to perform a condition precedent to the entitlement of
benefits under the policy by refusing to attend a scheduled medical examination as
required by the policy. The district court granted State Farm summary judgment,
concluding that “[n]o reasonable jury could conclude that State Farm’s [medical
examination] as requested and scheduled was unreasonable or that Kinman’s
refusal to submit to the [examination] was reasonable.” Order, March 25, 2009 at
6. “Because Kinman’s policy required him to submit to the [examination] and he
unreasonably refused to do so, Kinman is not entitled to coverage under the
uninsured motorist provision.” Id. at 8.
Kinman now appeals, contending that the district court erred in concluding
that attendance at the scheduled medical examination constituted a condition
precedent to coverage, and, further, that issues of fact remained to be litigated
regarding Kinman’s failure to appear for the examination. We are not persuaded.
We find no error in the court’s analysis of the insurance coverage. As the court
properly concluded, no material fact issue was presented and State Farm was
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entitled to summary judgment.
AFFIRMED.
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