Key Takeaway
Court rules affidavits lacking personal knowledge of patient no-shows insufficient to dismiss no-fault insurance claims, requiring stronger evidence standards.
When insurance companies seek to dismiss no-fault claims based on a patient’s failure to appear for an Independent Medical Examination (IME), they must provide proper evidence of that non-appearance. A recent appellate decision highlights a critical weakness in how some insurers document IME no-shows, potentially affecting thousands of New York no-fault insurance cases.
The case demonstrates that generic affidavits from healthcare providers may not meet the legal standards required to prove a patient failed to appear for examination. This ruling has significant implications for both healthcare providers and insurance companies in no-fault litigation, as it raises the bar for what constitutes adequate proof of non-compliance with IME requirements.
Jason Tenenbaum’s Analysis:
T & J Chiropractic, P.C. v Geico Ins. Co., 2015 NY Slip Op 50772(U)(App. Term 2d Dept. 2015)
“While defendant submitted properly sworn statements by the chiropractor and doctor who were scheduled to perform the IMEs, neither health care professional demonstrated personal knowledge of the nonappearance of plaintiff’s assignor for the examinations, and therefore defendant failed to establish its entitlement as a matter of law to the dismissal of these causes of action”
Without having seen the affidavits, I am assuming that that these are the one or two sentences that say “I am a doctor and Assignor failed to appear”. These worked in ATIC v. Solorzano, but would most likely fail the Alrof and Bright Supply/IDS test.
Key Takeaway
This decision reinforces that insurance companies cannot rely on boilerplate affidavits to prove IME non-appearances. Healthcare providers must demonstrate actual personal knowledge of the missed appointment, not just conclude that a patient failed to show. This standard aligns with cases requiring substantiated no-show documentation and proper procedural compliance in no-fault insurance disputes.
