depression because he refused to do one which mr store paid for himself because they wouldn't pay for their complaints and same thing they had that in their file they also had in their file in this particular case we have just briefly gone through the facts because of the limited time read the allegation in southern well the only distinction between this case in the ham gardner case is we have a different plane and went to a different court room and what we're saying is these kind of cases should go to the courtroom be to get it who used the students from the word go from the word go my client was concerned because the students at the university of california where he is a professor teaches there and they're going to send this to students to get his psychological who is not an independent expert had never examined this restore never evaluated mr so i evaluated the other doctors with the all this and he just had questions about what they were doing but  the fact of it is endeavor got an independent i am me and refused to even when they got one from gawker got that they still didn't make the payment until we filed a motion for summary judgment and then three days before their opposition is do they send the checks and say we're making this payment with a reservation of right which will eventually we had to go always through a cry al on the certification issue as to whether or not it was required for the certification i suppose ju oh yeah sorry what the court is asked to do here is look at the record as a whole and if the record as a whole shows the presence of the genuine dispute as to the insurers liability then there can be no bad faith as a opinions do so honestly there is no reason to think because professor store hires dr raffle he's biased and no reason to think that a doctor who works for our company is biased i think we should have stepped into litigation that doctors give an honest opinion now what is the value of a little bit unusual because and the typical case and that medical evaluation performed for an insurance company would be paid for the entrance come paid for by the insurance company you'd agree with that yes i had enough information in order to conduct and i and the if the court looked at them risk a decision there's a case where the insurance company is castigated because it did not get all of the medical records and information before it made  fact it thought it had enough information at one point in time to deny coverage right i think it had enough information to make a determination as to coverage why no why any of them because at that point there wasn't sufficient medical information to allow the company to conduct of them all of that i am me but i'm just puzzled by that because by its nature and the pain of medical examinations when you send someone to a doctor you don't know if the doctor doesn't necessarily have to have all the medical records in the past evaluate the present condition i don't know if i find your position i just don't understand i think in the context of this case for a particular case that might be so but i don't understand why you think that that you cannot conduct and i am if you are getting all the medical records well i'm not saying that is a position that you cannot but i think in this case all this court has to do is compare the forty seven page report that dr gottlieb was able to prepare and after he had access to all of the medical information with the five or six page report that dr raffle prepared who didn't have that information and i think the weight of those reports put aside to pay for it but the weight of those reports are significant the value of an independent medical exam is dependent on the amount of information that the doctor has especially in a case like this this court is where i'm sure that these policy says that you pay for the exam your p expense we can have a physician of our choice exam you as often as reasonably require for your clients continuous i think doesn't say but we want we can't do that until we get all of medical records your honor i think this court would be in the position of criticizing an insurance company for not rushing to do a medical exam before it had all the medical information and insurance company has to have all the medical information to give some value to the medical exam sort of scratching my head here this sounds a little bit like joseph heller a catch twenty two and you didn't have enough information to convey to conduct an adequate i am me but once you have that information and i am me wasn't necessary is that your argument no sir that's not my argument ok explaining out of that quandary in this case you know in this case the argument is fall zengerle disability case which this is what we're dealing with a residual disability where there's no question that professor store was fully working as a tenured professor at state university teaching graduate students taxation and finance that's undisputed what is disputed is his claim that a depression somehow impacted a portion of his livelihood namely his forensic look as an expert to go back and get all the records they needed when we didn't sleep on that sure but whatever they do we weren't aware of the other physicians who were treating dr stewart prior to that time we used that authorization to get the medical records of the doctors identified on that was the issue we wanted to get the underlying wrecker's the psychiatric records that would explain to us how someone could be a fully taken when did you get the letter that stated october fourth one thousand nine hundred three when did we get that yes within a month or so that date i'm sure but then with the authorization i'm so i'm sorry i just i didn't understand your answer the judge not you said you if i understood you correctly said we didn't know about the kaiser records in one thousand nine hundred three the breadth of the kaiser records which included treatment by doctor challenge other physicians we weren't aware of we could never get them excuse me yes the breath is different from knowledge bret's means you don't you don't think you got all of them knowledge means you could use the disclosure you had to go get i'm missing something here i don't think so but the fact in this case was when we attempted to get these records this is when we were strong armed by professor store and his lawyer who said we don't want equifax going there to get those records concerns entirely legitimate his medical records from his point of view contain information that sensitive to him i don't think any of us can speak for him and say you're being foolish in your concerns however in the context of an insurance claim in the nature of the business that we're in of all the things that this company's never been accused of they've never been accused of disclosing inappropriately someone's records but actual facts was in a different position where they then may have their own people over here the contrast is that the requirement that there be proof under the policy it's true is that not that there's not anything in the policy that says you are required to use this form and you are required and we have to  the disclosure restrictions and so forth i mean a lot of times we get into closure requests that spike and say oh no we're not going to do that we're going to be drafted that's not unusual now this is a little bit more unusual but his concerns are legitimate but i think  information and analyze that information then you are not handling the claim properly and for that your state need to be criticized in this case because you wanted to get all of the medical information so that it could have a forty five whole record here what did we seek we saw a company with rigid image questions concerning the extent of the residual disability too with a professor teaching graduate students taxation with the same time claims   well beyond belief i think they make it sound like teaching graduate students taxation and accounting is like doing the math because it's very gradually true but when it's a graduate professor at a i think points to the genuine if you know it was here on the psychological claim putting aside of course that there was also a financial information required a professor store in order to document a loss of earnings so it's not just medical information but financial information which california law is clear the insurance companies entitle to on a month by month basis under the erika rule ok thank you for your argument we're here republic this time thank you sir choice depression is not that generally if you have a high performing professional that makes a life choice as dr gauntlet points out they'd make a change in your life completely and has to quote here and they s around the world moved to a montana ranch and the like mr store didn't do that he cut from twenty nine thousand dollars a year as a national lecture lecturing to large c p a groups and consulting to teaching fifteen or twenty students in a classroom who don't know the tax law he goes from teaching c p s in the most tax professional people in the world in testifying before congress to some students i can tell you that the stress in teaching within five days to provide us with a letter that lists the authorization from the record no argument no surplus age no description just the date and work we can find it in the record sincerely are sure understand and you may respond if he does anything other than that you understand ok or if the his list is incomplete