Ganias v. Arbella Mutual Insurance

This case involves the denial of Personal Injury Protection [hereinafter “PIP”] coverage to an insured party [this “plaintiff’] who failed to cooperate with her insurance carrier’s [this “defendant”] request to participate in an independent medical examination [hereinafter “IME”], which is allowed by statute and contract. In a prior case involving these same parties, we decided that plaintiffs failure "... to attend a reasonably scheduled IME was rightly determined to constitute her failure to cooperate with her insurer which then justified the insurer’s denial of coverage.” Ganias v. Arbella…