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MATTER OF UNITRIN ADVANTAGE INS. CO. v. PROFESSIONAL HEALTH RADIOLOGY

652998/13, 1926N, 652997/13, 1925N.

143 A.D.3d 536 (2016)

2016 NY Slip Op 06767

39 N.Y.S.3d 428

In the Matter of UNITRIN ADVANTAGE INSURANCE COMPANY KEMPER A. UNITRIN BUSINESS, Appellant-Respondent, v. PROFESSIONAL HEALTH RADIOLOGY, as Assignee of Anggi Camacho, Appellant. UNITRIN ADVANTAGE INSURANCE COMPANY KEMPER A. UNITRIN BUSINESS, Appellant, v. PROFESSIONAL HEALTH RADIOLOGY, as Assignee of Nestor Camacho, Respondent.

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

Decided October 13, 2016.

Unitrin failed to establish that it was entitled to deny Professional Health's claims on the ground that Professional Health's assignors, Nestor Camacho and Anggi Camacho, did not appear for independent medical examinations (IMEs) (see American Tr. Ins. Co. v Clark, 131 A.D.3d 840 [1st Dept 2015]). The no-fault regulations include mandatory notice requirements governing insurer...

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