Quality Psychological Servs., P.C. v New York Cent. Mut. Fire Ins. Co., 2014 NY Slip Op 51256(U)(App. Term 2d Dept. 2014)
(1) “defendant submitted an affidavit by an employee of the company which had been retained by defendant to schedule independent medical examinations (IMEs), which affidavit established that the IME scheduling letters had been timely mailed to plaintiff’s assignor in accordance with that office’s standard mailing practices and procedures”
(2) “Defendant also submitted, among other things, an affidavit by the chiropractor who was to perform the chiropractic IMEs, which was sufficient to establish that plaintiff’s assignor had failed to appear for those duly scheduled IMEs”
(3) “an affidavit executed by defendant’s claims examiner demonstrated that the denial of claim form, which denied plaintiff’s claim based on plaintiff’s assignor’s nonappearance at the IMEs, had been timely mailed ”
Arco Med. NY, P.C. v AIG Indem. Ins. Co., 2014 NY Slip Op 51257(U)(App. Term 2d Dept, 2014)
(same as above)
