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.
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10 articles by Jason Tenenbaum, Esq.
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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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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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.
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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.
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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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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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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.
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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.
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