Chiropractic Care Centers, Inc. v. Arbella Mutual Insurance

Chiropractic Care Centers, Inc. (“Chiropractic Care”) has appealed the allowance of summary judgment in favor of Arbella Mutual Insurance Company (“Arbella”) based on its defense that Chiropractic Care’s client failed to cooperate in its investigation into the client’s claim for personal injury protection (“PIP”) benefits by failing, wilfully and without excuse, to attend two scheduled independent medical examinations (“IME”). We are presented with the following question: Is wilfulness in failing to attend the IMEs established where (1) there is no dispute that the insured twice caused…