Examination Under Oath and IME No-Show

Examination Under Oath and IME No-Show

No-Fault Insurance Law Wrap-up
Examination Under Oath and IME No-Show

Thursday, December 10, 2015

Examination Under Oath and IME No-Show

David M. Barshay

New York Law Journal

In his No-Fault Insurance Law Wrap-Up, Senior partner David M. Barshay writes that generally, to prevail on a medical examination "no-show" defense, an insurer must prove both the mailing of its scheduling letters and the injured person's non-appearance. However, the Appellate Divisions are split on whether an insurer must raise the defense in a timely denial in order to preserve such defense. Read more: New York Law Journal

Article last updated on Thursday, December 10, 2015 | Article Views: 1265