Key Takeaway
Brand Medical rejected an apartment-number objection where IME notices matched the bill and NF-2. A focused guide to the address issue and governing rules.
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.
Last reviewed: September 2026.
Historical note: Brand Medical decided an apartment-number objection on its 2019 record; Gaines (2025) separately explains why pre-claim IME notices are not governed by the post-claim verification timetable.
The address objection Brand Medical rejected
In Brand Medical Supply v Repwest, 2019 NY Slip Op 51183(U), the provider’s sole argument on appeal was that the insurer’s IME letters omitted the assignor’s apartment number. The letters matched the address on the provider’s bill and the assignor’s NF-2 application. The Appellate Term, Second Department, affirmed dismissal.
That is the address comparison the opinion makes. It does not identify an assignment-of-benefits form as a third matching document, and it does not announce that every notice sent to any address in an insurer’s file is sufficient.
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The court passage in the original note
“However, the record demonstrates conclusively that the address to which defendant mailed the letters matched the address provided by plaintiff on its bill and by plaintiff’s assignor on the assignor’s application for no-fault benefits (NF-2). Thus, plaintiff has not demonstrated that defendant did not give the assignor proper notice of the IME.”
Which rules govern the examination?
The medical-examination condition appears in 11 NYCRR 65-1.1(d). Insurance Law § 5102(d) defines serious injury; it is not the source of a ten-day IME notice rule.
For an IME requested as additional verification, section 65-3.5(d) addresses scheduling the examination to be held within 30 calendar days of receipt of the prescribed verification forms. Section 65-3.5(e) addresses reasonable convenience and notice of reimbursement for lost earnings and reasonable transportation expenses. Those provisions should not be rewritten as a blanket ten-business-day advance-notice requirement.
A present dispute needs the actual notices, claim-receipt dates and address-change correspondence. Gaines distinguishes notices sent before claims were received. On the address question, compare Brand Medical with MDJ Medical’s EUO notices; neither decision excuses a missing evidentiary foundation.
Frequently Asked Questions
Q: What happens if I don’t receive an IME notice but my benefits are denied for non-appearance?
A: Preserve the notice, the bill, the NF-2 and any address-change correspondence. Brand Medical rejected an apartment-number objection because the notice matched the bill and NF-2 in that record; it did not decide every nonreceipt dispute.
Q: Can the insurance company require multiple IMEs?
A: The mandatory endorsement permits examinations when and as often as the insurer may reasonably require. It does not state a fixed numerical cap or limit additional examinations only to newly diagnosed injuries.
Q: Do I have the right to have my attorney present at an IME?
A: Brand Medical did not decide attendance by counsel, and the provisions discussed here do not establish a mandatory notice advising of that right. Ask counsel to address attendance arrangements for the particular examination before it takes place.
Q: What if the examining physician is too far from my home?
A: Section 65-3.5(e) requires a reasonably convenient place and time. Raise a specific transportation difficulty promptly, retain the correspondence and request an alternative; do not assume that distance alone cancels the appointment.
Q: Can the insurance company deny benefits if I miss an IME due to a medical emergency?
A: An emergency is not an automatic guarantee against denial. Notify the insurer promptly, preserve supporting records and seek rescheduling. The excuse and examination history need review on their facts.
Connect to the Encyclopedia
Start with the IME no-show encyclopedia hub for the case directory and the distinction between notice, attendance and denial evidence.
- Who must receive an IME notice
- Alleviation: timely mailing not established
- The scheduling and absence proof behind dismissal
- Brooklyn Heights: denial-form recipients
- MDJ Medical: the claim-form address and EUO notices
For review of a particular no-fault dispute, contact the Law Office of Jason Tenenbaum.
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.
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Jun 11, 2013Frequently Asked Questions
Common Questions About This Topic
5 answers from the firm's New York personal-injury and employment-law practice. Click any question to expand.
Q: What happens if I don’t receive an IME notice but my benefits are denied for non-appearance?
A: Preserve the notice, the bill, the NF-2 and any address-change correspondence. Brand Medical rejected an apartment-number objection because the notice matched the bill and NF-2 in that record; it did not decide every nonreceipt dispute.
Q: Can the insurance company require multiple IMEs?
A: The mandatory endorsement permits examinations when and as often as the insurer may reasonably require. It does not state a fixed numerical cap or limit additional examinations only to newly diagnosed injuries.
Q: Do I have the right to have my attorney present at an IME?
A: Brand Medical did not decide attendance by counsel, and the provisions discussed here do not establish a mandatory notice advising of that right. Ask counsel to address attendance arrangements for the particular examination before it takes place.
Q: What if the examining physician is too far from my home?
A: Section 65-3.5(e) requires a reasonably convenient place and time. Raise a specific transportation difficulty promptly, retain the correspondence and request an alternative; do not assume that distance alone cancels the appointment.
Q: Can the insurance company deny benefits if I miss an IME due to a medical emergency?
A: An emergency is not an automatic guarantee against denial. Notify the insurer promptly, preserve supporting records and seek rescheduling. The excuse and examination history need review on their facts.
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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.
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