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Conclusory Denial of IME Receipt: Not Enough to Defeat Summary Judgment
Independent Medical Examinations (IMEs) are a crucial component of New York No-Fault Insurance Law. When insurance companies schedule these examinations, they must provide proper notice to the injured party. However, what happens when someone claims they never received the IME notice? According to recent court decisions, simply stating “I didn’t get the letter” isn’t sufficient to create a viable defense.
This issue frequently arises in no-fault litigation where healthcare providers (or their assignors) fail to appear for scheduled IMEs. Insurance companies often use these no-show situations as grounds to deny ongoing benefits, leading to disputes about whether proper notice was actually provided. The legal standard for challenging IME notices requires more than just a bare denial of receipt.
Jason Tenenbaum’s Analysis:
City Care Acupuncture, PC v New York Cent. Mut. Fire Ins. Co., 2013 NY Slip Op 50430(U)(App. Term 1st Dept. 2013)
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“In opposition, plaintiff did not deny the assignor’s nonappearance or otherwise raise a triable issue with respect thereto, or as to the mailing or reasonableness of the underlying notices (see Unitrin at 560). The assignor’s “denial of receipt, standing alone, is insufficient” (Badio v Liberty Mut. Fire Ins. Co., 12 AD3d 229, 230 ).”
The affidavit provided to the Assignor at the medical clinic should have a little more to it then just: “I did not receive the letter”. Just not enough.
Key Takeaway
Courts require substantive evidence beyond conclusory denials to challenge IME notice provisions. Healthcare providers and patients must present specific facts about why they didn’t receive notices, such as address changes, mail delivery issues, or problems with the mailing process itself, rather than simply claiming non-receipt to avoid summary judgment in no-fault insurance disputes.
Legal Update (February 2026): Since this 2013 decision, New York’s no-fault insurance regulations and IME notice requirements may have been subject to regulatory amendments or revised judicial interpretations regarding sufficiency of notice and standards for challenging IME scheduling. Practitioners should verify current provisions in Insurance Regulation 68 and recent appellate decisions addressing IME notice disputes and summary judgment standards in no-fault litigation.
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
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Nov 3, 2013Was this article helpful?
Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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