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.
Read More →Sufficiency of letters
8 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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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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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.
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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 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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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.
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