MDJ Med., P.C. v New York Cent. Mut. Ins. Co., 2013 NY Slip Op 51797(U)(App. Term 1st Dept. 2013)
There was nothing out of the ordinary about this case, except the quote from Unitrin: “We note that “when [plaintiff’s] assignor[] failed to appear for the requested IMEs, [defendant] had the right to deny all claims retroactively to the date of loss, regardless of whether the denials were timely issued” (id.).”
I am assuming that Civil Court found that preclusion applied to IME no-shows, hence the “we note” language in the opinion.
