Why Trust This Analysis
This article is part of our ongoing ime issues coverage, with 149 published articles analyzing ime issues issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
IME Scheduling Letters: Inclusion of Apartment Numbers
Independent Medical Examinations (IMEs) are a crucial component of New York no-fault insurance law, allowing insurance companies to verify the medical necessity and extent of claimed injuries. One procedural issue that occasionally arises is the proper addressing of IME scheduling letters to claimants. A recent court decision provides important guidance on whether insurance companies can include apartment numbers in scheduling letters when those apartment numbers don’t appear on the original claim forms.
This ruling has significant implications for both insurance companies and healthcare providers who regularly deal with IME scheduling requirements and the potential complications that can arise when IME scheduling letters aren’t properly delivered.
Jason Tenenbaum’s Analysis:
Prime Diagnostic Med., P.C. v New York Cent. Mut. Fire Ins. Co., 2016 NY Slip Op 51523(U)(App. Term 2d Dept. 2016)
Free Consultation · No Fee Unless We Win
Does this apply to your situation?
Every case is different. Get a free, confidential case review from an experienced attorney who can tell you exactly where you stand.
“Plaintiff’s argument, that the address used on the IME scheduling letters improperly included an apartment number that does not appear on plaintiff’s claim forms, will not be considered, as it is being raised for the first time on appeal (see Joe v Upper Room Ministries, Inc., 88 AD3d 963 ; Gulf Ins. Co. v Kanen, 13 AD3d 579 ; Mind & Body Acupuncture, P.C. v Elrac, Inc., 48 Misc 3d 139, 2015 NY Slip Op 51219 ). In any event, the affidavit of defendant’s litigation examiner stated that defendant used the address set forth on the assignor’s application for no-fault benefits.”
This case seems to suggest that an affidavit attesting to what is on an NF-2 is sufficient evidence to prove the basis of the address on an IME scheduling letter.
Key Takeaway
Insurance companies can include apartment numbers in IME scheduling letters even when those numbers don’t appear on original claim forms, provided they have proper documentation such as an affidavit showing the address came from the applicant’s no-fault benefits application. However, this argument must be raised at the trial level, not for the first time on appeal.
Related Articles
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
Keep Reading
More IME issues Analysis
Simple addition is insufficient
Jodi Jacobs's 2021 mixed appeal: four claims dismissed, one fee balance unresolved, and why the schedule alone did not prove correct code use.
May 22, 2021
NF-3 is the operative document
Unitrin Direct v Beckles: the NF-3, timely IME requests and two missed examinations. Distinguish the request deadline from the examination date.
Mar 22, 2021
Another IME no-show victory shrowded in American Transit citations
Court victory for insurer after patient's IME no-show, featuring American Transit citations and analysis of denial rights in New York no-fault cases.
Jun 4, 2014
Follow up verification issued >25 days too late is a loser
Court rules that follow-up EUO verification requests sent more than 25 days late violate Triangle "R" rule, making insurance denials untimely under no-fault regulations.
Jun 18, 2012
Understanding Causation in New York Personal Injury Cases: Proving the Link
Learn how New York courts evaluate causation in personal injury cases through expert testimony and medical evidence, including key strategies for proving injury causation.
Jun 8, 2019
Do you really believe verification was complied with?
Court finds employee affidavit sufficient to create presumption that verification was mailed and received by defendant insurer, establishing triable issue of fact.
Mar 29, 2016Was this article helpful?
Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a ime issues matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
