Sunday, June 21, 2009

Negative IME’s

- Insurer has to support the basis for the denials if they are based on negative IME’s, by presenting the IME report in court. Advanced Medical Rehabilitation, P.C. A/A/O Magda Arango v. Geico Insurance Co. AAA Case No.: 412004045491; Assessment No.: 17 991 42367 04.

- “As defendant has not supplied the IME or the peer review itself, without any evidence in admissible form, defendant [***6] cannot raise a triable issue of fact and the plaintiff's motion for summary judgment is granted”. S&M Supply v. NY Cent. Mut. Fire Ins. Co. (103 Misc. 2d 282, 748 N.Y.S.2d 910 [Civil Ct, Kings Co. 2002)

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