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HARLAN SCHREIBER AND ELI SHMULIK OBTAIN SUMMARY JUDGMENT ON NO-FAULT DISCLAIMER FROM NEW YORK APPELLATE COURT

In Unitrin Advantage Ins. Co. v. Beckles, a No-Fault automobile insurer commenced a declaratory judgment action seeking to disclaim coverage on the ground that the claimant had failed to appear for independent medical examinations (“IMEs”). The trial court had denied the insurer’s motion for summary judgment, finding that the IME notices were not timely mailed.  The New York Appellate Division, First Department, reversed the denial of summary judgment and awarded the insurer summary judgment on its disclaimer, holding that the IME had been timely scheduled.  The holding permitted the insurer to retroactively void all coverage ab initio.