Montanez v. Arbella Mutual Insurance

This “IME no show”1 case comes to us by way of an expedited appeal of the allowance of defendant’s motion for summary judgment. Plaintiff was involved in a two car motor vehicle accident on September 19,1997, and she maintained Personal Injury Protection [”PIP”j insurance with defendant carrier. Plaintiff gave defendant timely notice of the collision and her alleged personal injuries, and defendant requested that plaintiff attend an “IME” on November 25, 1997. Plaintiff failed to attend the IME, and defendant rescheduled it for December 11, 1997 and again plaintiff failed to attend;…