NF-3 is the operative document
Court ruling confirms NF-3 forms trigger 15-day IME request deadline, and patient no-shows at two scheduled exams justify insurance coverage disclaimer.
NF-3 is the operative document — Read Article → 149 Articles
IME issues
In-depth legal analysis from Attorney Jason Tenenbaum — covering court rulings, legal standards, and practical guidance on ime issues under New York law.
It is the bill, not the NF-2
New York court clarifies that IME scheduling requirements are triggered by receiving bills, not NF-2 forms, in no-fault insurance cases.
It is the bill, not the NF-2 — Read Article →
Post claim IME
Court rules that insurance company cannot use IME no-show defense when initial IME wasn't scheduled within required 30-day timeframe under New York regulations.
Post claim IME — Read Article →
Verification, EUO and IME
Court clarifies insurer's right to request verification and IMEs before claim payment deadlines begin running in New York no-fault insurance cases.
Verification, EUO and IME — Read Article →
The NF-2
Court rules insurance company properly mailed IME letters to address on sworn NF-2 form, rejecting plaintiff's argument about zip code discrepancy with police report.
The NF-2 — Read Article →Need Legal Guidance?
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IME excuse without personal knowledge
Court rejects attorney affirmation lacking personal knowledge in IME no-show case, highlighting the importance of proper evidence in no-fault insurance disputes.
IME excuse without personal knowledge — Read Article →
It’s the 30-day rule
Court ruling clarifies insurance companies must schedule IMEs within 30 days of receiving claims, or lose the right to deny payment based on no-shows.
It’s the 30-day rule — Read Article →
Understanding IME No-Shows in New York No-Fault Insurance Cases
Learn about IME no-shows in New York no-fault insurance cases. Expert legal guidance from experienced attorneys. Call 516-750-0595 for consultation.
Understanding IME No-Shows in New York No-Fault Insurance Cases — Read Article →
Article 75 lay-up
NY Court of Appeals reverses AAA arbitration decision on Article 75 petition, highlighting differences between First and Second Department leave standards.
Article 75 lay-up — Read Article →
IME Notification Requirements in New York No-Fault Cases: Address Matching Rules
Learn IME notification requirements in NY no-fault cases. Address matching rules, proper notice procedures, and how to challenge inadequate IME notifications. Call 516-750-0595.
IME Notification Requirements in New York No-Fault Cases: Address Matching Rules — Read Article →
Triable issue of fact as to non-appearance?
Learn about EUO and IME non-appearance defenses in New York no-fault insurance cases. Expert analysis of Island Life and Alas Lifespan decisions. Call 516-750-0595.
Triable issue of fact as to non-appearance? — Read Article →
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.
Understanding Causation in New York Personal Injury Cases: Proving the Link — Read Article →
IME Medical Malpractice Claims in New York: When Doctors Cross the Line
Court ruling shows IME doctors can face malpractice liability when they depart from accepted medical practice during examinations, requiring proper evidence of standard procedures.
IME Medical Malpractice Claims in New York: When Doctors Cross the Line — Read Article →
New Evidence in Reply: Understanding Motion Practice Rules in New York Courts
Learn NY court rules for new evidence in reply papers. Expert motion practice guidance from experienced Long Island litigation attorneys. Call 516-750-0595.
New Evidence in Reply: Understanding Motion Practice Rules in New York Courts — Read Article →
Poor No-Fault Opposition Papers Cannot Be Remedied on Appeal in NY
Poor no-fault opposition papers cannot be remedied on appeal in NY. Get expert legal help for healthcare providers. Call 516-750-0595 free consult.
Poor No-Fault Opposition Papers Cannot Be Remedied on Appeal in NY — Read Article →
What happened to those EUO letters? What happened to the IME letters? Where are those denials?
NY appellate court cases showing inadequate office practice affidavits fail to prove proper mailing of EUO letters, IME notices, and claim denials.
What happened to those EUO letters? What happened to the IME letters? Where are those denials? — Read Article →
IME no-show unsuccessful
Court rules IME scheduling letters sent to wrong address failed to establish proper notice, highlighting importance of accurate mailing addresses in no-fault cases.
IME no-show unsuccessful — Read Article →
The Unitrin/ Westchester split
New York appellate court clarifies insurance companies must preserve IME no-show defenses for each claim separately, even when denying multiple claims from same provider.
The Unitrin/ Westchester split — Read Article →
Mailing to the attorney
Court rules insurance company failed to provide adequate IME notice when letter to insured was sent to wrong address, despite proper notice to attorney.
Mailing to the attorney — Read Article →
IME no-show not sustained
Court rules IME no-show defense fails when insurer didn't schedule exam within required 30-day timeframe under NY regulations 11 NYCRR 65-3.5.
IME no-show not sustained — Read Article →
IME no show disclaimer substantiated
Court ruling on IME no-show disclaimer timing - denial valid after verification received despite prior grounds for disclaimer existing under NY no-fault law.
IME no show disclaimer substantiated — Read Article →
Subsequent IME not allowed
New York court rules that subsequent IMEs require demonstrated necessity when initial examination reaches definitive conclusions in no-fault insurance cases.
Subsequent IME not allowed — Read Article →
30-days to hold the IME from the receipt of the billing
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.
30-days to hold the IME from the receipt of the billing — Read Article →
IME no-show – it was not mailed
Court finds insufficient proof of IME mailing in no-fault case, highlighting importance of proper documentation when claiming patient no-show for scheduled examinations.
IME no-show – it was not mailed — Read Article →
Can a mailing to the attorney on the IME n/s defense be dispositive on the proof and fact of the no-show?
Court ruling clarifies that IME scheduling letters sent to attorneys only establish proper notice if there's proof the patient was actually represented by that attorney.
Can a mailing to the attorney on the IME n/s defense be dispositive on the proof and fact of the no-show? — Read Article →
EUO letter to Assignor did toll time to pay or deny
EUO letter to assignor tolls time to pay or deny no-fault claims. Key requirements: timely EUO scheduling letter plus delay notice to provider.
EUO letter to Assignor did toll time to pay or deny — Read Article →
IME no show trial defense – reversed
Appellate Term reverses trial court ruling that prevented insurance company from defending IME no-show case, clarifying that denied summary judgment motions don't preclude trial defenses.
IME no show trial defense – reversed — Read Article →
IME no-show/ failure to object during claims stage is fatal to later objection
Court ruling confirms that failing to respond to IME requests during claims stage prevents later objections to their reasonableness in no-fault insurance cases.
IME no-show/ failure to object during claims stage is fatal to later objection — Read Article →
No show and non receipt
New York court clarifies when IME rescheduling constitutes failure to appear and establishes mail delivery presumption standards for no-fault insurance claims.
No show and non receipt — Read Article →
To appeal for the sake to appeal
New York court highlights importance of proper proof of mailing in no-fault insurance denials, showing how inadequate affidavits can undermine insurer defenses.
To appeal for the sake to appeal — Read Article →
The IME recollection issue
Court rules insurance companies must provide competent proof with adequate recollection when claiming patients failed to appear for Independent Medical Examinations.
The IME recollection issue — Read Article →
Unwelcome visitors at an IME
Second Department allows attorneys at IMEs in Henderson v Ross, disagreeing with First Department on transparency in New York no-fault insurance examinations.
Unwelcome visitors at an IME — Read Article →
Duly scheduled Examinations Under Oath
Analysis of EUO rescheduling requirements under NY no-fault law, examining when carriers can deny consent and the reasonableness standard applied by courts.
Duly scheduled Examinations Under Oath — Read Article →
IME watchdog
New York court rejects IME Watchdog's claims against defense firm for excluding non-attorneys from medical exams, finding no tortious conduct or irreparable harm in no-fault cases.
IME watchdog — Read Article →
Maya again loses their no show cases
Maya Assurance Company loses three no-show IME cases in 2016, highlighting common defenses used by healthcare providers in no-fault insurance disputes.
Maya again loses their no show cases — Read Article →
IME scheduling letters: inclusion of an apartment number
Court ruling clarifies that insurance companies can use apartment numbers in IME scheduling letters even if not on original claim forms, with proper affidavit evidence.
IME scheduling letters: inclusion of an apartment number — Read Article →
IME no show – reasonableness not enterained
Court finds IME requests reasonable despite patient's prior IME attendance, ruling no-shows bar no-fault benefits regardless of reasonableness objections.
IME no show – reasonableness not enterained — Read Article →
IME no-show affidavit executed 8 years prior to the no show
Court rejected IME no-show affidavits executed 8 years after the missed appointments, emphasizing the need for contemporaneous documentation in no-fault cases.
IME no-show affidavit executed 8 years prior to the no show — Read Article →
IME no show – complied with Neptune, AT v. Vance and 3.5(b); 3.6(b)
Insurance carriers can successfully deny no-fault claims when patients fail to appear for scheduled IMEs, provided proper procedures are followed for verification requests.
IME no show – complied with Neptune, AT v. Vance and 3.5(b); 3.6(b) — Read Article →
Another Article 75 needed to be taken against AAA
Long Island attorney discusses Article 75 petition success against AAA master arbitrator decision in IME no-show case, highlighting systemic issues in no-fault arbitration.
Another Article 75 needed to be taken against AAA — Read Article →
IME/EUO no-show substantiated (First Department).
New York appellate court decisions clarify evidence requirements for proving IME and EUO no-shows in no-fault insurance disputes through sworn affidavits.
IME/EUO no-show substantiated (First Department). — Read Article →
Medical necessity
A key New York no-fault case showing how IME reports can establish lack of medical necessity even when acknowledging ongoing disabilities and need for some treatment.
Medical necessity — Read Article →
The IME doctor is in numerous places
Court finds serious concerns when IME doctors claim to be in multiple locations simultaneously, potentially establishing grounds for bad faith insurance claims.
The IME doctor is in numerous places — Read Article →
Unitrin has been back-doored into the Second Department
Second Department reverses Bronx Supreme Court ruling, applying Unitrin precedent to vacate master arbitrator's award in NY no-fault insurance case involving IME no-shows.
Unitrin has been back-doored into the Second Department — Read Article →
Incarceration is a valid excuse for no-show EUO
New York court rules that incarceration creates triable issues for excusable no-show at examination under oath, requiring case-by-case analysis of circumstances.
Incarceration is a valid excuse for no-show EUO — Read Article →
Ime no show loses on lack of personal knowledge allegatiob
New York court finds triable issues when insurance company claims IME no-show without proper foundation, highlighting burden of proof requirements in no-fault cases.
Ime no show loses on lack of personal knowledge allegatiob — Read Article →
Affidavit issues once again invade Hertz’ motion practice
Hertz loses motion due to defective affidavits lacking personal knowledge of IME no-shows, highlighting critical evidentiary requirements in no-fault cases.
Affidavit issues once again invade Hertz’ motion practice — Read Article →
The acupuncture was medically necessary and then some
Court finds acupuncture medically necessary despite IME denial in Friedman v Allstate, precluding workers' comp defense not raised in original denial.
The acupuncture was medically necessary and then some — Read Article →
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.
Do you really believe verification was complied with? — Read Article →
The conclusory affidavit?
Court rules insurance company failed to prove IME no-show due to deficient affidavits lacking personal knowledge, highlighting importance of proper documentation.
The conclusory affidavit? — Read Article →
Tolling for an IME or EUO
Court ruling clarifies that insurance carriers must submit IME scheduling letters to toll the 30-day payment period in NY no-fault cases - key practice tip.
Tolling for an IME or EUO — Read Article →
Another proof of the no show
Court ruling highlights evidentiary standards for proving patient no-shows at IMEs, questioning the temporal limits and procedural requirements for valid affidavits.
Another proof of the no show — Read Article →
The proof of no-show
New York court ruling highlights the importance of proper documentation when proving IME no-shows in no-fault insurance cases, requiring specific basis of knowledge.
The proof of no-show — Read Article →
Records of the treating physician
New York courts allow defendants to rely on treating physician records to demonstrate lack of serious injury, even without certification, in personal injury cases.
Records of the treating physician — Read Article →
Dr. Katz and Justice Hart
Dr. Katz and Justice Hart IME case highlights problems with 3-minute examination versus prescribed 10-20 minutes, mistrial issues, and undisclosed recordings.
Dr. Katz and Justice Hart — Read Article →
Maya failed to prove mailing of the IME scheduling letters
New York court rules Maya Assurance failed to prove proper mailing of IME scheduling letters, highlighting the strict procedural requirements insurance companies must meet.
Maya failed to prove mailing of the IME scheduling letters — Read Article →
Lincoln General citing
Court ruling shows insurance companies lose IME defense rights when they fail to deny claims within mandatory 30-day period under NY no-fault regulations.
Lincoln General citing — Read Article →
No-show troubles
NY courts rule on IME no-show cases requiring personal knowledge proof. Three 2015 decisions show insufficient conclusory affidavits fail summary judgment standards.
No-show troubles — Read Article →
Unitrin citing that hits upon the Longevity factors
New York court ruling clarifies timing requirements for IME requests under no-fault insurance regulations, highlighting tensions between different regulatory provisions.
Unitrin citing that hits upon the Longevity factors — Read Article →
Personal knowledge and other appropriate means
New York appellate court clarifies evidence standards for proving IME no-shows, requiring personal knowledge or other appropriate means rather than inadequate documentation.
Personal knowledge and other appropriate means — Read Article →
What is “other appropriate means”?
New York court ruling explores what constitutes "other appropriate means" to prove EUO no-shows beyond personal knowledge, leaving this critical legal standard undefined.
What is “other appropriate means”? — Read Article →
EUO & IME no show
Court denies plaintiff's motion in no-fault case due to failed verification compliance and assignor's failure to appear for required IMEs and EUOs.
EUO & IME no show — Read Article →
Additional verification not produced is probative of nothing
Court ruling establishes that additional verification not produced proves nothing in no-fault insurance claims, addressing verification requests and IME/EUO requirements.
Additional verification not produced is probative of nothing — Read Article →
The backtracking of Unitrin
Long Island court cases analyzing IME scheduling compliance under Insurance Department Regulations, examining when no-show denials fail due to improper timing requirements.
The backtracking of Unitrin — Read Article →
An appeal is not a second chance to right what once went wrong.
Court rejects appeal argument raised for first time, emphasizing that appeals aren't opportunities to introduce new claims after initial proceedings conclude.
An appeal is not a second chance to right what once went wrong. — Read Article →
Unsure
Court reverses Maya Assurance IME no-show case due to failure to prove timely mailing of scheduling letters, highlighting ongoing issues with IME procedures.
Unsure — Read Article →
IME no-show from the First Department
New York Appellate Term ruling clarifies what evidence insurers need to prove patient no-shows at IMEs, emphasizing physician affidavits over office records.
IME no-show from the First Department — Read Article →
The Alrof curse continues
Court denies insurance company's motion for summary judgment in IME no-show case due to lack of personal knowledge by examining healthcare professionals.
The Alrof curse continues — Read Article →
Another IME no -show – but this was mine so it is blogworthy
Personal injury attorney discusses court ruling on IME no-show affidavits and evidence requirements for New York no-fault insurance cases.
Another IME no -show – but this was mine so it is blogworthy — Read Article →
IME no-show defense folds
A simple spelling error in an IME scheduling letter caused an insurance company's no-show defense to collapse, highlighting the importance of accurate patient identification.
IME no-show defense folds — Read Article →
IME letters do not need to be sent to provider
Court clarifies that insurance companies don't need to notify healthcare providers when scheduling Independent Medical Examinations under New York No-Fault law.
IME letters do not need to be sent to provider — Read Article →
Affidavits of no show are insufficient
Court rules affidavits lacking personal knowledge of patient no-shows insufficient to dismiss no-fault insurance claims, requiring stronger evidence standards.
Affidavits of no show are insufficient — Read Article →
First Department on Unitrin again
First Department rules on IME no-show requirements in Priority Med v NY Central Mut, requiring competent evidence beyond standard practices for no-fault claims.
First Department on Unitrin again — Read Article →
Non-disruptive representative allowed at IME
Court rules that having a non-disruptive representative present during an IME doesn't prevent defendants from conducting meaningful medical examinations under CPLR 3121.
Non-disruptive representative allowed at IME — Read Article →
No-Show. Was it timely?
Court ruling explores whether IME notices were properly and timely mailed in no-fault insurance case, raising questions about timing requirements relative to bill receipt.
No-Show. Was it timely? — Read Article →
Delay for IME and EUO no shows
Power Supply Inc v Praetorian case establishes that insurers can maintain delay status for multiple no-shows until final EUO non-appearance triggers denial.
Delay for IME and EUO no shows — Read Article →
Waiver of the IME
Court rules defendants waived their right to conduct neurological IME by failing to provide interpreter for scheduled examinations despite plaintiff's compliance.
Waiver of the IME — Read Article →
Proof insufficient to show mailing
Court finds insufficient proof of mailing for IME scheduling letters, highlighting the importance of establishing proper office procedures for no-fault insurance cases.
Proof insufficient to show mailing — Read Article →
IME no-show substantiated again
Appellate Term reverses Civil Court ruling on IME scheduling letters, finding that 48-hour cancellation notice requirement complies with No-Fault Regulations.
IME no-show substantiated again — Read Article →
Quality or Amex?
Court wrestles with Quality vs Amex theories for proving IME no-shows, highlighting ongoing legal tensions in New York no-fault insurance cases.
Quality or Amex? — Read Article →
No-show failed the Alrof test
Court ruling demonstrates how insurance companies must meet strict procedural requirements when denying no-fault claims based on missed EUOs and IMEs under established legal standards.
No-show failed the Alrof test — Read Article →
IME and EUO issues under Unitrin
Court ruling on IME no-show denials under Unitrin precedent - insurer's right to retroactively deny claims when assignor fails to appear for scheduled examination
IME and EUO issues under Unitrin — Read Article →
Insufficient proof that the IME letters were not received
Court ruling on insufficient proof that IME scheduling letters were not received in NY no-fault insurance case, establishing mailing presumptions and burden of proof.
Insufficient proof that the IME letters were not received — Read Article →
IME no-show (First Department)
First Department ruling establishes key standards for proving IME no-shows in no-fault cases, requiring proper notice and competent evidence of nonappearance.
IME no-show (First Department) — Read Article →
Timely denials necessary and a citation to Westchester/Lincoln
New York court rules on timely denial requirements for IME/EUO no-show cases, questioning continued reliance on 2009 Westchester/Lincoln precedent despite newer case law.
Timely denials necessary and a citation to Westchester/Lincoln — Read Article →
No-show substantiated
Court upholds insurer's summary judgment when medical provider's assignor failed to appear for IMEs and EUOs despite proper notice mailing.
No-show substantiated — Read Article →
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.
Another IME no-show victory shrowded in American Transit citations — Read Article →
IME no-show denial timely where verification requested after no-show
Court ruling clarifies timing requirements for IME no-show denials when verification is requested after the missed appointment in New York no-fault insurance cases.
IME no-show denial timely where verification requested after no-show — Read Article →
IME no show run amuck
Court ruling on IME no-shows highlights timing issues with claim denials in no-fault insurance cases, showing the complexity of procedural requirements.
IME no show run amuck — Read Article →
IME no-show – Court refused to follow Appellate Division standards
Court refused to follow Appellate Division standards in IME no-show case, incorrectly ruling on mailing requirements and attorney representation burden.
IME no-show – Court refused to follow Appellate Division standards — Read Article →
“Defendant is mistaken”
Court ruling shows insurance companies can't use IME no-shows as defense if they failed to timely deny claims, highlighting procedural requirements in no-fault cases.
“Defendant is mistaken” — Read Article →
IME no-show upheld based upon DJ case law **correction**
Court upholds IME no-show defense using declaratory judgment case law precedent in New York no-fault insurance litigation, demonstrating retroactive claim denial rights.
IME no-show upheld based upon DJ case law **correction** — Read Article →
Punted.
Second Department punts on Unitrin issue in Westchester v. GEICO, noting coverage challenge improperly raised on appeal while awaiting clarity from other courts.
Punted. — Read Article →
IME no show reversal based upon the new 800 pound guerilla: proof of the no show
Long Island court ruling on IME no-show reversals and proof requirements in New York no-fault insurance cases, featuring Jacoby Chiropractic decision.
IME no show reversal based upon the new 800 pound guerilla: proof of the no show — Read Article →
Medical provider needs to prove that Assignor was represented by counsel and that counsel failed to receive notification of IME
NY court rules medical providers must prove assignor had counsel and counsel wasn't notified of IME scheduling to challenge no-fault insurance denials.
Medical provider needs to prove that Assignor was represented by counsel and that counsel failed to receive notification of IME — Read Article →
DJ denial reversed: A misspelling can be excused, and notice to the attorney is enough
DJ denial reversed: Court excuses IME notice misspelling, rules proper service to attorney sufficient for no-fault insurance claim coverage denial.
DJ denial reversed: A misspelling can be excused, and notice to the attorney is enough — Read Article →
Failure to attend IMEs voids coverage – with citation to Court of Appeals precedent
Court of Appeals precedent confirms failure to attend IMEs voids no-fault insurance coverage. American Transit v. Lucas case analysis and implications.
Failure to attend IMEs voids coverage – with citation to Court of Appeals precedent — Read Article →
Another IME no show from the App. Term First Dept
Appeals court confirms insurance companies can retroactively deny all no-fault claims when patients fail to appear for required IMEs, regardless of timing.
Another IME no show from the App. Term First Dept — Read Article →
IME no show defense sustained
NY appellate court upholds IME no-show defense when scheduling letters were properly addressed to insured's last known address and attorney received copies.
IME no show defense sustained — Read Article →
MVAIC again fails in its quest to prove the mailing of IME letters
MVAIC fails again to prove proper mailing of IME letters due to deficient affidavits lacking personal knowledge and specific procedural details.
MVAIC again fails in its quest to prove the mailing of IME letters — Read Article →
This one managed to get published
New York court case American Transit v. Megan Ash addresses Independent Medical Examination procedures in no-fault insurance claims and provider obligations.
This one managed to get published — Read Article →
Medical provider cannot defeat IME non-cooperation defense through stating “discovery is outstanding”
Medical providers cannot defeat IME non-cooperation defense by claiming outstanding discovery. NY appellate court rules on summary judgment standards.
Medical provider cannot defeat IME non-cooperation defense through stating “discovery is outstanding” — Read Article →
Amended motion/Admissible Reply papers/Defects in affidavits/delay letter vs. verification requests
Court ruling on amended motions, defective IME affidavits, and delay letters vs. verification requests in New York no-fault insurance litigation procedures.
Amended motion/Admissible Reply papers/Defects in affidavits/delay letter vs. verification requests — Read Article →
The IME no-show at trial – the eagle has arisen
Eagle Surgical Supply v GEICO highlights the critical requirement that insurance companies must present witnesses with personal knowledge to prove IME no-shows at trial.
The IME no-show at trial – the eagle has arisen — Read Article →
The affidavits were unshakable
Court upholds affidavits in NY no-fault IME case, rejecting defendant's challenges to sworn testimony form and medical examination scheduling documentation.
The affidavits were unshakable — Read Article →
The NF-2 and the letters did not match
Court ruling on IME scheduling letters highlights importance of consistent procedures in New York no-fault insurance cases when addresses don't match NF-2 forms.
The NF-2 and the letters did not match — Read Article →
EUO no show – precluded due to untimely scheduling letters
New York court rules insurance company's EUO scheduling letters sent 70+ days after receiving bills were untimely and failed to toll payment obligations.
EUO no show – precluded due to untimely scheduling letters — Read Article →
There is no coverage for this loss
Court ruling confirms no coverage after injured defendant's IME no-show, with Appellate Division requiring minimal mailing affidavit standards for no-fault cases.
There is no coverage for this loss — Read Article →
IME no-show with statement regarding quantum of proof regrding the “no-show”
Learn what proof is needed to establish an IME no-show defense in New York no-fault insurance cases. Court ruling clarifies simple standard for examining physicians.
IME no-show with statement regarding quantum of proof regrding the “no-show” — Read Article →
An IME that went wrong
Legal case analysis of Reynolds v Ferrante where a no-fault insurance IME chiropractor injured a patient's knee, exploring insurer liability for contractor negligence.
An IME that went wrong — Read Article →
Alrof v. Safeco – its first application
Court applies Alrof v. Safeco ruling requiring personal knowledge for IME no-show claims, potentially limiting insurers' defense options in no-fault cases.
Alrof v. Safeco – its first application — Read Article →
An IME no show case
Analysis of Infinity Health v Redland Insurance case where insurer failed to prove proper IME scheduling due to incorrect zip code on mailing notices.
An IME no show case — Read Article →
Signet and hearsay
Court rejects SIGNET vendor testimony as hearsay in proving IME no-shows, highlighting evidence requirements post-Fogel in New York no-fault insurance cases.
Signet and hearsay — Read Article →
IME issues
Court ruling clarifies IME procedures: no videotaping allowed and plaintiff's attorneys cannot be excluded without special circumstances in New York.
IME issues — Read Article →
Conclusory denial of receipt of IME letter is insufficient to stave off summary judgment
Court rules that simply denying receipt of an IME notice letter isn't enough to defeat summary judgment in no-fault insurance cases without additional evidence.
Conclusory denial of receipt of IME letter is insufficient to stave off summary judgment — Read Article →
IME no-show – complaint dismissed
Court dismissed no-fault claim when patient failed to appear for IME after insurer proved proper notice was mailed and plaintiff couldn't contest nonappearance.
IME no-show – complaint dismissed — Read Article →
IME no show and tolling
NY appellate court clarifies IME no-show denial timing rules when verification requests toll insurance company's response deadlines under no-fault law.
IME no show and tolling — Read Article →
EUO of a medical provider – untimely.
New York court rules that insurance company's EUO request for medical provider was untimely, failing to comply with 15-day requirement under no-fault regulations.
EUO of a medical provider – untimely. — Read Article →
IME No Show: Understanding Confusing Court Interpretations of Duplicate Mailing Requirements
Confused court interpretations of IME no-show duplicate mailing requirements. Expert no-fault insurance analysis from Long Island. Call 516-750-0595.
IME No Show: Understanding Confusing Court Interpretations of Duplicate Mailing Requirements — Read Article →
Assignor did not show up to his IME and EUO – double whammy
Court confirms insurer's summary judgment when assignor failed to appear at both IME and EUO after proper notice, citing Unitrin precedent for no-fault claims.
Assignor did not show up to his IME and EUO – double whammy — Read Article →
A judge in Supreme Nassau on a standard no-fault matter applies Unitrin
Nassau Supreme Court applies Unitrin precedent in no-fault case, clarifying burden of proof standards for IME no-show defenses in provider litigation.
A judge in Supreme Nassau on a standard no-fault matter applies Unitrin — Read Article →
IME no-show substantiated
Court reverses order in IME no-show case, establishing key precedent for no-fault insurance claims when proper notice procedures are followed and examinations missed.
IME no-show substantiated — Read Article →
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.
Follow up verification issued >25 days too late is a loser — Read Article →
IME no-show defense defeated based upon affidavit issue – prima facie denied based upon a denial which Defendant did not prove was mailed
IME no-show defense defeated due to affidavit gap - court denies prima facie case where defendant failed to prove mailing of denial for one cause of action
IME no-show defense defeated based upon affidavit issue – prima facie denied based upon a denial which Defendant did not prove was mailed — Read Article →
The failure to specifically deny the lack of appearence at an IMEs proves fatal
Appeals court confirms that failing to specifically deny a patient's IME no-show in opposition papers proves fatal to a medical provider's no-fault insurance claim.
The failure to specifically deny the lack of appearence at an IMEs proves fatal — Read Article →
An attorney's statement, i.e., "he did not show up" is sufficient to support EUO defense
New York court ruling confirms attorney affirmations stating claimants failed to appear at EUOs are sufficient evidence to establish no-show defense in no-fault cases.
An attorney's statement, i.e., "he did not show up" is sufficient to support EUO defense — Read Article →
An IME no-show case from the 9th and 10th
A 9th and 10th Judicial District case demonstrates how insurers can successfully defend IME no-show claims through proper documentation of office procedures and physician affidavits.
An IME no-show case from the 9th and 10th — Read Article →
A court in Nassau has applied Unitrin through a front door and back door channel
Analysis of Nassau County court applying Unitrin v. Bayshore in American Transit v. Mayo IME no-show case. Expert legal analysis of front/back door channels.
A court in Nassau has applied Unitrin through a front door and back door channel — Read Article →
IME no-show –> Necesity to issue timely disclaimer
When patients miss IME appointments, insurers must issue timely disclaimers to deny claims. These NY appellate cases clarify strict procedural requirements.
IME no-show –> Necesity to issue timely disclaimer — Read Article →
Donde esta Unitrin?
Unitrin case analysis and IME no-show procedures in NY no-fault insurance law, including mailing requirements and claim denial standards.
Donde esta Unitrin? — Read Article →
IME no show results in summary dismissal
Court rules that properly mailed IME notices to both assignor and attorney, followed by patient no-show, warrants summary dismissal of no-fault claim.
IME no show results in summary dismissal — Read Article →
The first pure Unitrin Appellate Term holding
Appellate Term ruling establishes precedent for IME no-show cases, showing how insurers can prove mailing and non-appearance to defeat no-fault claims.
The first pure Unitrin Appellate Term holding — Read Article →
Westchester v. Lincoln with a "cf" to Unitrin
Court decision reinforces that IME attendance is a condition precedent to insurer liability, with ongoing debate between Westchester and Unitrin precedents.
Westchester v. Lincoln with a "cf" to Unitrin — Read Article →
Leave denied
Court denies leave in Unitrin v Bayshore Physical Therapy case, highlighting challenges healthcare providers face under current no-fault insurance regulations.
Leave denied — Read Article →
No comment….
All Borough Group v. Utica Mutual Insurance provides crucial precedent for New York no-fault insurance IME disputes and medical provider rights.
No comment…. — Read Article →
IME no-show defense is a loser
Court ruling shows insurance companies must prove IME notices were properly mailed and patients failed to appear to deny no-fault benefits claims.
IME no-show defense is a loser — Read Article →
Objective criterian is not necessary prior to seeking an IME
New York Court of Appeals clarifies that no-fault insurers don't need objective criteria before requesting an Independent Medical Examination, unlike examinations under oath.
Objective criterian is not necessary prior to seeking an IME — Read Article →
District Nassau justifies IME no-show coverage defnese based upon Stephen Fogel
Nassau District Court upholds IME no-show coverage defense using Stephen Fogel precedent, ruling condition precedent defenses never waive in no-fault cases.
District Nassau justifies IME no-show coverage defnese based upon Stephen Fogel — Read Article →
Reasonableness – the new buzz word
Court ruling establishes "reasonableness" as new standard for challenging IME requests in NY no-fault cases, shifting burden from mailing proof to proving unreasonable demands.
Reasonableness – the new buzz word — Read Article →
The failure to attend IMEs is now considered a Chubb coverage defense
Landmark 2011 Unitrin case establishes IME no-show as Chubb coverage defense, allowing retroactive claim denials regardless of initial denial reasons in NY no-fault law.
The failure to attend IMEs is now considered a Chubb coverage defense — Read Article →
Ime no-show victory
Learn how to win IME no-show cases with strategic documentation. Expert legal guidance on challenging insurance denials for healthcare providers in NY.
Ime no-show victory — Read Article →
Affidavit of doctor is sufficient to demonstrate non appearence at the IMEs
Court confirms doctor's affidavit is sufficient proof of IME non-appearance when it includes proper address details from scheduling letters.
Affidavit of doctor is sufficient to demonstrate non appearence at the IMEs — Read Article →
IME no-show (case #1)
Marina v Praetorian case analysis: NY Appellate Term rules on IME no-show appeals, establishing prima facie requirements for insurers and claimant defense strategies.
IME no-show (case #1) — Read Article →
The policy of insurance does not need to be included in the motion – as to IME defaults that is
Court rules insurance policy not required in IME default motions under NY no-fault law. Apollo Chiropractic case establishes prima facie showing requirements.
The policy of insurance does not need to be included in the motion – as to IME defaults that is — Read Article →
Couldn't get it right the second time around
Court rules improper IME scheduling letters from third-party MCN to defendant instead of claimant failed to toll no-fault insurer's payment deadline.
Couldn't get it right the second time around — Read Article →
IME Reports Are Entitled to Qualified Privilege Against Defamation Claims
Learn about IME reports and qualified privilege against defamation claims in NY personal injury cases. Expert legal guidance from experienced Long Island attorneys. Call 516-750-0595.
IME Reports Are Entitled to Qualified Privilege Against Defamation Claims — Read Article →
IME Diagnostic Testing Rights: What NY Claimants Need to Know
Learn your rights regarding diagnostic testing during Independent Medical Examinations in New York. Expert guidance for Nassau & Suffolk County claimants.
IME Diagnostic Testing Rights: What NY Claimants Need to Know — Read Article →
IME No-Show – Personal Knowledge
Learn what satisfies the personal knowledge requirement for IME no-show defenses in New York. Expert legal analysis from experienced personal injury attorneys.
IME No-Show – Personal Knowledge — Read Article →Questions About IME issues?
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