The NF-2

When insurance companies schedule Independent Medical Examinations (IMEs) in no-fault cases, they must provide proper notice to the injured party. But what happens when there’s a discrepancy between addresses in different documents? A recent Appellate Term decision clarifies that insurers can rely on the address provided in sworn no-fault applications, even when other documents contain slight variations.

In New York No-Fault Insurance Law, the accuracy of mailing addresses for IME notices is crucial. Insurance companies that fail to properly mail IME scheduling letters may face challenges to their claim denials. However, this case demonstrates that courts will examine which address source is most reliable when discrepancies arise.

The decision reinforces that sworn statements carry significant legal weight. When an applicant provides an address under penalty of perjury on official no-fault forms, that becomes the authoritative address for future correspondence, regardless of what appears in police reports or other documents.

Jason Tenenbaum’s Analysis:

Colin v Global Liberty Ins. Co. of N.Y., 2020 NY Slip Op 51002(U)(App. Term 2d Dept. 2020)

“The record demonstrates conclusively that the address to which the IME scheduling letters had been mailed to plaintiff’s assignor matched the one provided by plaintiff’s assignor on the assignor’s sworn application for no-fault benefits (NF-2) and on plaintiff’s NF-3 forms, all of which were submitted to defendant. To the extent plaintiff contends that defendant was required to also send the IME scheduling letters to the same address but with a zip code which differed by one digit simply because the police report set forth that zip code, that contention lacks merit. Not only did plaintiff’s assignor swear under penalty of perjury that the zip code which defendant used was the correct zip code, plaintiff’s opposition papers did not contain an affidavit from plaintiff’s assignor which asserted that the zip code to which defendant mailed the IME scheduling letters was incorrect.”

Key Takeaway

Courts will uphold an insurer’s mailing of IME notices to addresses provided on sworn no-fault applications, even when police reports contain different zip codes. The sworn nature of the NF-2 form carries more legal weight than unsworn police documentation, particularly when the plaintiff fails to provide contrary evidence through affidavit.

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