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UNITRIN ADVANTAGE INSURANCE COMPANY v. BAYSHORE PHYSICAL THERAPY, PLLC

4529, 115586/07.

82 A.D.3d 559 (2011)

918 N.Y.S.2d 473

UNITRIN ADVANTAGE INSURANCE COMPANY, Respondent, v. BAYSHORE PHYSICAL THERAPY, PLLC, et al., Defendants, and MARTIN BASSIUR, DDS, Doing Business as NY CRANIOFACIAL PAIN MANAGEMENT, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 17, 2011.

The motion court properly determined that plaintiff insurer may retroactively deny claims on the basis of defendants' assignors' failure to appear for independent medical examinations (IMEs) requested by plaintiff, even though plaintiff initially denied the claims on the ground of lack of medical necessity (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 A.D.3d 720, 721-722 [2006]). The failure to appear...

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