The motorist who hit him didnt have insurance. But Hofer, a Sioux Falls man who owned a trucking business, had purchased a $1 million policy that protected him from uninsured motorists. Or so he thought. Today, Hofer has a pending lawsuit in federal court against the insurer, Progressive Northern Insurance Co. At first blush, its a case like many others: Someone who thought they were insured suing an insurance company for bad faith and breach of contract, claims that are common in federal court. But the Hofer case could have larger ramifications. In April, Judge Karen Schreier sanctioned the company for neglecting to turn over hundreds of Independent Medical Examinations, or IMEs, conducted by three Minnesota doctors on behalf of Progressive, including a doctor who examined Hofer.
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