Westchester v. Lincoln with a "cf" to Unitrin

Alrof, Inc. v Nationwide Ins. Co., 2011 NY Slip Op 51451(U)(App. Term 2d Dept. 2011)

“Since an assignor’s appearance at an IME “is a condition precedent to the insurer’s liability on the policy” (Stephen Fogel Psychological, P.C., 35 AD3d at 722; see also Insurance Department Regulations [11 NYCRR] § 65-1.1), defendant is entitled to summary judgment dismissing plaintiff’s second and third causes of action (see Westchester Med. Ctr. v Lincoln Gen. Ins. Co., 60 AD3d 1045 [2d Dept 2009]; but see Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC, 82 AD3d 559 [1st Dept 2011]).”

I can hear frequent commenter Mitch Lustig’s voice right now discussing his disdain towards Unitrin and explaining why Central General v. Chubb does not support Unitrin.