Innovative MR Imaging v Praetorian — Why Unsworn Chiropractor Letters Still Sink Medical Necessity Cases in 2026

Understanding Medical Necessity Evidence Standards in No-Fault Insurance Cases

Medical necessity disputes form the backbone of many New York no-fault insurance litigation cases. When healthcare providers seek reimbursement for treatments like MRI scans, insurance companies often challenge whether those services were medically necessary. The quality and admissibility of evidence supporting medical necessity claims can make or break a case.

In these disputes, healthcare providers must present compelling medical evidence to overcome an insurer’s denial. However, not all medical documentation carries equal weight in court. The form and foundation of medical reports significantly impact their probative value—their ability to actually prove what they claim to establish.

This case from the Appellate Term demonstrates a fundamental principle: medical reports must meet basic evidentiary standards to be considered by the court. Summary judgment motions in medical necessity cases often hinge on whether the submitted medical evidence can withstand judicial scrutiny. When providers fail to submit properly sworn statements or provide conclusory findings without adequate detail, they risk having their claims dismissed entirely.

The intersection of CPLR 2106 affidavit requirements and substantive medical evidence standards creates particular challenges for providers. CPLR 2106 permits affidavits to be made outside New York State and governs the formalities required for sworn statements. When providers submit unsworn letters from treating physicians or chiropractors, they run afoul of these foundational evidentiary requirements regardless of the substantive content of the medical opinions expressed.

Case Background

Innovative MR Imaging, P.C. provided MRI services to an injured party and sought reimbursement from Praetorian Insurance Company under no-fault coverage. The insurer denied the claims based on lack of medical necessity, asserting that the MRI scans were not reasonably necessary to diagnose or treat the patient’s condition. Innovative MR Imaging commenced litigation and moved for summary judgment, seeking payment of the disputed claims plus statutory interest and attorney fees.

In support of its summary judgment motion, the plaintiff submitted a letter report from the assignor’s treating chiropractor. The report purported to establish that the MRI scans were medically necessary based on the patient’s clinical presentation and the chiropractor’s treatment planning. However, the letter was not sworn to under oath as required by CPLR 2106. Additionally, even setting aside the procedural defect, the chiropractor’s findings were largely conclusory, lacking the detailed analysis and reasoning necessary to withstand summary judgment scrutiny.

Jason Tenenbaum’s Analysis

Innovative MR Imaging, P.C. v Praetorian Ins. Co., 2013 NY Slip Op 50264(U)(App. Term 1st Dept. 2013)

“The unsworn letter report submitted by plaintiff from the assignor’s treating chiropractor was without probative value (see CPLR 2106; Pierson v Edwards, 77 AD3d 642 ), and, even if considered, the conclusory findings set forth therein were insufficient to withstand summary judgment (see CPT Med. Servs., P.C. v New York Cent. Mut. Fire Ins. Co., 18 Misc 3d 87 ).”

Legal Significance

This decision establishes two distinct evidentiary hurdles that medical providers must clear when establishing medical necessity on summary judgment. The first hurdle is procedural: medical reports must be properly sworn under CPLR 2106 to have any probative value. The second hurdle is substantive: even properly sworn reports must contain detailed, specific findings supported by clinical data and reasoning, rather than conclusory statements.

The procedural requirement stems from fundamental evidence law principles. Courts cannot consider unsworn statements when deciding motions for summary judgment because such statements lack the reliability guarantees that sworn affidavits provide. The oath requirement ensures that individuals making factual assertions do so under penalty of perjury, providing accountability and deterring false or exaggerated claims. Pierson v Edwards, cited by the Appellate Term, reinforced this principle in the medical necessity context.

The substantive requirement addresses the quality of medical opinions offered. CPT Medical Services, P.C. v New York Central Mutual Fire Insurance Co. established that medical professionals must provide detailed explanations connecting clinical findings to medical necessity determinations. Stating that an MRI was “necessary” without explaining why based on objective findings, differential diagnosis considerations, and treatment planning proves insufficient.

Together, these requirements serve important gatekeeping functions. They prevent frivolous medical necessity claims from proceeding while ensuring that legitimate claims are supported by credible, detailed medical evidence. The standards protect insurers from paying for unnecessary medical services while protecting injured parties’ access to necessary treatment when properly documented.

Practical Implications

For medical providers and their attorneys, this decision demands meticulous attention to both procedural and substantive aspects of medical evidence. Before filing summary judgment motions in medical necessity cases, providers must ensure treating physicians execute proper affidavits under CPLR 2106. Simple letter reports, even from highly credentialed practitioners, will not suffice.

The affidavits must go beyond conclusory statements. Treating providers should document the specific clinical findings that necessitated the disputed services, explain their diagnostic reasoning, describe the relationship between symptoms and ordered tests, and articulate how the services related to treatment planning. Generic statements that services were “necessary” or “appropriate” prove insufficient without supporting detail.

Providers should also consider the credentials and specialty of the medical professional providing the affidavit. While this case involved a chiropractor supporting the medical necessity of MRI scans, questions may arise about whether chiropractors possess the expertise to opine on advanced imaging necessity. Obtaining supporting affidavits from radiologists or physicians specializing in diagnostic imaging may strengthen medical necessity claims for MRI and similar diagnostic procedures.

Defense counsel, conversely, should carefully scrutinize plaintiff’s medical evidence for both procedural and substantive deficiencies. Objecting to unsworn reports and highlighting conclusory findings can defeat otherwise legitimate-appearing medical necessity claims. These challenges should be raised early and prominently in opposition papers to ensure courts focus on the evidentiary deficiencies.

Key Takeaway

This decision highlights two critical evidence requirements in no-fault medical necessity cases. First, medical reports must be properly sworn under CPLR 2106 to have probative value. Second, even properly sworn reports must contain detailed, specific findings rather than conclusory statements. Healthcare providers pursuing medical necessity claims must ensure their supporting documentation meets both procedural and substantive standards to avoid dismissal. The combination of sworn, detailed medical evidence creates the foundation for successful medical necessity litigation in New York’s no-fault system.

---

May 2026 Practitioner Update

Innovative MR Imaging v Praetorian still cycles through Civil Court motions on a weekly basis in 2026 — and what has changed in the thirteen years since is the procedural posture in which the same defects arise, not the underlying rule. Here is the short-form 2026 view of how each piece of the 2013 holding still applies, plus the two evolutions of CPLR §2106 every no-fault practitioner should have in working memory.

The practical 2026 takeaway for any provider’s-side practitioner: the CPLR §2106 amendment fixed the form problem that sank Innovative MR, but the substance problem — conclusory findings that do not engage the carrier’s peer-review reasoning — is exactly where current Civil Court motions still die. The cleanest opposition affidavit in 2026 looks no different from what Praetorian and CPT Medical Services would have required in 2013: a sworn (or now properly affirmed) statement that walks point-by-point through the disputed treatment, the clinical findings supporting it, and a direct response to the carrier’s peer-review or IME criticism. The bar has not moved; only the typing has changed.

For the broader procedural architecture this decision sits inside, see our analysis of proof of objective standards waived if EUO demand is not responded to, the protection of MRI facilities on medical necessity motions, and the Praetorian standard medical necessity peer review framework. Our New York no-fault insurance hub covers the full §5102(d) / §5106 / 11 NYCRR Part 65 framework that this 2013 holding fits inside.

Editor’s note (May 13, 2026): This post analyzes a 2013 Appellate Term decision that continues to govern modern no-fault medical-necessity summary-judgment practice in New York. The CPLR §2106(a) amendment of 2023 expanded who may submit an affirmation in lieu of an affidavit, but the substantive sufficiency standard from Innovative MR Imaging, Pierson v Edwards, and CPT Medical Services remains the operative rule on conclusory findings. Practitioners should verify the current text of CPLR §2106, the relevant Insurance Law provisions, and updated Appellate Term precedent when preparing medical-necessity motions.

Related Articles

• Protection of the MRI facilities on medical necessity motions
• Praetorian standard for medical necessity rebuttal
• A letter of medical necessity raises a triable issue of fact
• Medical necessity — rebutting a peer review
• Poorly drafted medical affidavits in medical-necessity motions
• Medical necessity doctor affidavit — New York no-fault
• New York no-fault insurance law — comprehensive guide