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KAMARA SUPPLIES v. GEICO GEN. INS. CO.

Index No. 046966/11. Appeal No. 13429. Case No. 2020-03401.

192 A.D.3d 588 (2021)

2021 NY Slip Op 01848

Kamara Supplies, as Assignee of Lisa Sanchez, Appellant, v. GEICO General Ins. Co., Respondent.

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

Decided March 25, 2021.

Attorney(s) appearing for the Case

Gary Tsirelman, P.C., Brooklyn ( Stefan Belinfanti of counsel), for appellant.

Law Office of Goldstein, Flecker & Hopkins, Melville ( Lauren Hirschfeld of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Singh, González, JJ.

The issue before us in this action to recover first-party No-Fault insurance benefits is whether the failure of an eligible injured person (EIP) to attend an independent medical examination (IME) is a "policy issue" for the purpose of the no-fault insurance law denial of claim (NYS NF-10) form, as prescribed by 11 NYCRR Appendix 13, and an award of hourly attorneys' fees, as provided by 11 NYCRR 65-4.6(c). We conclude that an EIP...

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