Key Takeaway
Court ruling on IME scheduling letters highlights importance of consistent procedures in New York no-fault insurance cases when addresses don't match NF-2 forms.
SS Med. Care, P.C. v Nationwide Ins., 2013 NY Slip Op 51109(U)(App. Term 2d Dept. 2013)
“With respect to defendant’s request that the assignor attend IMEs, defendant submitted an affidavit of an employee of a company which was contracted to schedule medical examinations on defendant’s behalf. The employee attested that it was her company’s standard practice to mail a scheduling letter to the injured party at the address provided by the insurance carrier, as shown on the NF-2 verification of treatment form. Although the NF-2 form, which defendant annexed as an exhibit to its motion, provided an address in Port Jefferson Station, New York, the employee stated that IME scheduling letters and follow-up letters had, in fact, been mailed to the assignor at two different addresses in the Bronx. As a result, defendant’s submissions were insufficient to establish that the requests for EUOs and IMEs had been properly addressed and mailed”
This case is consistent with the principle that if you assert a procedure, you better make sure you stick with it in the case at issue. The other thought that I have is what happens if you do not stick the NF-2 in your submissions and just state that the letter is mailed to the address on the application for benefits. Have not seen that one arise at the Appellate Term.
By the way – why would you name your medical P.C. “SS…”? A bit odd.
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- New York No-Fault Insurance Law
Legal Update (February 2026): Since this 2013 decision, New York’s no-fault regulations governing IME scheduling procedures and address verification requirements may have been amended through regulatory updates or clarified by subsequent appellate decisions. Practitioners should verify current provisions regarding proper mailing procedures and documentation requirements for IME scheduling correspondence.
