IME no-show defense is a loserMay 2, 2011
Excel Radiology Serv., PC v Utica Mut. Ins. Co., 2011 NY Slip Op 50751(U)(App. Term 1st Dept. 2011)
“In this action to recover first-party no-fault medical benefits, defendant’s motion for summary judgment was properly denied since it failed to establish, prima facie, that the notices of the independent medical examinations (IMEs) were properly mailed to the assignor and that he failed to appear for the IMEs (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720, 721 ; Marina v Praetorian Ins. Co., 28 Misc 3d 132[A], 2010 NY Slip Op 51292[U] ; cf. Inwood Hill Med., P.C. v General Assur. Co., 10 Misc 3d 18, 19-20 ).”
How bad was the vendor affidavit? Was there an affidavit from a healthcare professional attesting to the assignor’s failure to attend the IME?