Lynn Carter
MCMC's use of fake employee "Lynn Carter" for IME scheduling raises questions about no-show personal knowledge requirements in NY no-fault insurance cases.
Read More →Personal knowledge of no show
18 articles by Jason Tenenbaum, Esq.
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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