Key Takeaway
Court ruling confirms 30-day IME scheduling requirement under 11 NYCRR 65-3.5(d) in New York no-fault insurance cases, with analysis of precedent hierarchy.
Irina Acupuncture, P.C. v Nationwide Affinity Ins. Co., 2017 NY Slip Op 51461(U)(App. Term 2d Dept. 2017)
“Contrary to defendant’s argument, the Civil Court properly granted the branches of plaintiff’s motion seeking summary judgment on the first two causes of action and denied the branches of defendant’s cross motion seeking summary judgment dismissing those causes of action on the ground that the first independent medical examination had not been scheduled to be held within 30 days of defendant’s receipt of the claims underlying those causes of action, as required by 11 NYCRR 65-3.5 (d) (see W.H.O. Acupuncture, P.C. v Travelers Home & Mar. Ins. Co., 36 Misc 3d 152, 2012 NY Slip Op 51707 ; see also O & M Med., P.C. v Travelers Indem. Co., 47 Misc 3d 134, 2015 NY Slip Op 50476 ).”
This is settled law, not necessarily blog worthy. But, this is a holding that the Appellate Division, First Department and this Court share. Why not cite the 2 cases from the Appellate Division on this topic? Precedent from the Appellate Division, First Department, if not contradictory to precedent from the Appellate Division, Second Department is more binding on the Appellate Term, Second Department than that Court’s own holdings.
Related Articles
- Understanding IME No-Shows in New York No-Fault Insurance Cases
- IME Notification Requirements in New York No-Fault Cases: Address Matching Rules
- IME No Show: Understanding Confusing Court Interpretations of Duplicate Mailing Requirements
- Nassau County court applies Unitrin ruling on IME no-shows
- New York No-Fault Insurance Law
Legal Update (February 2026): Since this post’s publication in 2017, New York’s no-fault regulations under 11 NYCRR Part 65 have undergone several amendments, including potential modifications to IME scheduling requirements and procedural timelines. Practitioners should verify current provisions of 11 NYCRR 65-3.5(d) and related sections, as regulatory updates may have affected the specific 30-day IME scheduling mandate discussed in this case analysis.
