Key Takeaway
MVAIC fails again to prove proper mailing of IME letters due to deficient affidavits lacking personal knowledge and specific procedural details.
MVAIC’s Recurring Problem with IME Notice Proof
When insurance carriers schedule Independent Medical Examinations (IMEs), they must prove proper notice was given to justify claim denials for patient no-shows. The Motor Vehicle Accident Indemnification Corporation (MVAIC) continues to struggle with this fundamental requirement, as demonstrated in a recent Appellate Term decision that highlights persistent deficiencies in their proof of mailing.
Under New York No-Fault Insurance Law, carriers must establish they properly scheduled IMEs before denying claims based on non-attendance. This requires more than generic testimony about office procedures—it demands specific evidence that notices were actually mailed according to established protocols.
Jason Tenenbaum’s Analysis:
Acupuncture Approach PC v MVAIC, 2013 NY Slip Op 51676(U)(App. Term 1st Dept 2013)
“defendant’s moving submission heavily relied on an affidavit submitted by an employee of the entity retained by defendant to schedule the IMEs in this matter. The affiant, however, had no personal knowledge of the dates the IME notices were actually mailed, and described in only the most general terms her office’s mailing practices and procedures. Thus, defendant “failed to establish that the practice and procedure was designed to ensure that the were addressed to the proper party and properly mailed” (Westchester Med. Ctr. v Countrywide Ins. Co., 45 AD3d 676 ; cf. Badio v Liberty Mut. Fire Ins. Co., 12 AD3d 229 ).”
What is missing from MVAIC’s affidavits? Did the affiant work at the entity when the letter was mailed? Is there some procedure in place that vendor is supposed to follow? Are the letters as a matter of practice mailed on the day of the letter or next business date? This is the 3rd time we saw this from this Court and this defendant.
Key Takeaway
This marks the third time this court has rejected MVAIC’s proof of mailing for IME notices. Successful IME no-show defenses require affidavits from employees with personal knowledge of actual mailing practices, not generic descriptions of office procedures. The decision reinforces that carriers must demonstrate specific, reliable systems for ensuring proper notice delivery.
Legal Update (February 2026): Since this 2013 post, New York’s no-fault insurance regulations and IME scheduling requirements may have been amended through regulatory updates or court decisions affecting proof-of-mailing standards. Practitioners should verify current notice requirements, acceptable forms of proof of service, and any changes to MVAIC’s procedural obligations when establishing proper IME scheduling.
