Cotton v. Hanover Insurance

After a jury-waived trial of this personal-injury protection (“PIP”) action, the trial judge found that Hanover Insurance Company’s (“Hanover”) insured, Stephen J. Cotton (“Cotton”), had failed to attend two scheduled independent medical examinations (“IME”), and that Hanover was not required to prove it was thereby prejudiced in order properly to deny Cotton’s PIP claim. Judgment was entered for Hanover. Cotton filed this appeal, claiming that the trial court erred because Hanover could not prevail without establishing prejudice, which it failed to do. We affirm the judgment.

Cotton’s…