Tri-Mount Acupuncture, P.C. v N.Y. Cent. Mut. Fire Ins. Co., 2011 NY Slip Op 50335(U)(App. Term 2d Dept. 2011)
Affidavit from vendor? (check)
Affidavit from litigation examiner? (check)
Affirmations/affidavits from healthcare professionals retained to perform the IME? (check)
Victory is nigh.
One Response
But Crossland is a third party sending out IME scheduling appointment letters based upon material sent to it by the insurer. Shouldn’t it mean — no good … that’s the way it is with bills … kind of unjust … but wait I see the sheriff.
The Second Department — that’s the Appellate Division — which is above the Appellate Term as far as Starry eyed decisis says that the 3rd party billing company can send the bill — see the Paradise.
The Second Department — APPELLATE DIVISION — has restored justice.