In Unitrin Advantage Ins. Co. v. Cohen & Kramer, MD, P.C., a No-Fault automobile insurer appealed an arbitration award in favor of a medical provider. The insurer had disclaimed coverage on the ground that the provider’s alleged assignee claimant failed to appear for independent medical examinations (“IMEs”). The arbitrator found that the IME notices were not properly addressed to the claimant. The New York Appellate Division, First Department, reversed summary judgment granted by the lower court. The Appellate Division also awarded the insurer summary judgment on its disclaimer, holding that the insurer had mailed the IME notices to a proper address. The decision is significant because it allows insurers more latitude in addressing IME notices in the face of conflicting information as to a claimant’s residence.
