Adam Kuciej

The defendants brought a motion to compel the plaintiff, who claims over $4 million in damages following a motor vehicle accident, to attend independent medical examinations by a psychiatrist, neurologist, physiatrist, and vocational evaluator.

The plaintiff opposed the assessments, arguing they were unnecessary and duplicative.

The court granted the motion, finding that given the complex medical issues, including alleged traumatic brain injury, chronic pain, and significant loss of income claims, trial fairness dictated that the defendants be permitted to have the plaintiff assessed by these specialists to respond to the plaintiff's expert evidence.

The court also admonished plaintiff's counsel for inappropriately attempting to impose conditions directly on the defendants' proposed assessors.

The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's action for long-term disability benefits, arguing it was statute-barred and that the plaintiff failed to submit a timely notice of claim.

The court found that the limitation period did not begin to run until the insurer issued a clear and unequivocal denial letter, making the action timely.

The court also granted the plaintiff relief from forfeiture for the late notice of claim, finding the breach caused minimal prejudice to the insurer compared to the significant harm the plaintiff would suffer if denied coverage.

The motion for summary judgment was dismissed.