UNITRIN DIRECT INS. CO. v. BECKLES

153706/18. Appeal No. 12480. Case No. 2020-02090.

188 A.D.3d 620 (2020)

132 N.Y.S.3d 758

2020 NY Slip Op 06974

Unitrin Direct Insurance Company, Appellant, v. Alan Dennis Beckles, M.D., et al., Defendants, and Jules Francois Parisien, M.D., et al., Respondents.

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

Decided November 24, 2020.


Where, as here, the insurer submits evidence of a medical provider claim (NF-3), the timely request for an independent medical examination (IME) of the injured claimant within 15 days of the receipt of that claim, and the injured claimant is a no-show at two duly noticed IMEs, the basis for disclaimer of coverage is established, as a matter of law, and summary judgment is properly awarded to the insurer with respect to further coverage obligations and reimbursement of outstanding...

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