Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Alert

Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

January 18, 2012

Insured's Obligation to Comply with Demand for No-Fault IME

The Appellate Division, First Department, recently held that a no-fault insurer may retroactively deny claims on the basis of its insured's failure to appear for an independent medical examination, even where it initially denied the claim on lack of medical necessity grounds. Unitrin Advantage Insurance Company v. Bay Shore Physical Therapy, PLLC., 82 A.D.3d 559 (1st Dept. 2011).

The New York State Insurance Department regulations concerning no-fault insurance provide that an insured must appear for an IME as often as reasonably required by the insurer. Therefore, when the insureds failed to appear for the requested IME's, the insurer had the right to deny all claims retroactive to the date of loss, regardless of whether or not the denials were timely issued. "A denial premised on breach of a condition precedent to coverage, voids the policy ab initio and, in such case, the insurer cannot be precluded from asserting a defense premised on no coverage***." The Court rejected the Defendant's argument that all IME's must be conducted by physicians.

If you require further information regarding the information presented in this Legal Alert and its impact on your organization, please contact any of the members of the Practice Area.

Subscribe

Click here to sign up for alerts, blog posts, and firm news.

Featured Media

Alerts

California's Updated Privacy Regulations: Automated Decisionmaking Technology, Cybersecurity Audits, and Risk Assessments, Part 1

Alerts

Pharmacies on High Alert: Optum Rx's 25-Percent Therapeutic-Class Cap Creates Major Legal, Operational, and Competitive Risks

Alerts

New York State Clarifies Property Taxation of Wind and Solar Projects

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Michael Mitchell, Edelmira Guerrero, Ana Jimenez, Dustin Youngren, William O'Donnell, Sophia Faldonie, and Kathy Wu—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

New York State Now Requires Public Bidders to Implement Protections Against Gender-Based Violence in the Workplace

Alerts

Successor Liability: The Catch Behind "Free and Clear" in Bankruptcy Sales