AMERICAN TRANSIT INSURANCE COMPANY, plf-ap, v. KEYANA LUCAS def, SKY ACUPUNCTURE, P.C., def-res

10975-10976. AMERICAN TRANSIT INSURANCE COMPANY, plf-ap, v. KEYANA LUCAS def, SKY ACUPUNCTURE, P.C., def-res — AMERICAN TRANSIT INSURANCE COMPANY, plf-ap, v. TASHUANA LUCAS def, SKY ACUPUNCTURE, P.C., def-res — The Law Office of Jason Tenenbaum, P.C., Garden City (Jason Tenenbaum of counsel), for ap — Law Offices of Melissa Betancourt, P.C., Brooklyn (Sam Lewis of counsel), for res — Orders, Supreme Court, New York County (Ellen M. Coin, J.), entered on or about February 26 and 28, 2013, which, to the extent appealed from as limited by the briefs, in the respective actions regarding the injured claimants Keyana Lucas and Tashuana Lucas, denied plaintiff’s motions for summary judgment seeking declarations of noncoverage for no-fault benefits as against defendantrespondent Sky Acupuncture, P.C., unanimously reversed, on the law, without costs, the motions granted, and it is declared that plaintiff owes no coverage obligation to Sky Acupuncture, P.C. for no-fault benefits for the injured claimants.

The failure to attend duly scheduled medical exams voids the policy ab initio (see Unitrin Advantage Ins. Co. v. Bayshore Physical Therapy, PLLC, 82 AD3d 559, 560 [1st Dept 2011], lv denied 17 NY3d 705 [2012]). Accordingly, when defendants’ assignors failed to appear for the requested medical exams, plaintiff had the right to deny all claims retroactively to the date of loss, regardless of whether the denials were timely issued (see Insurance Department Regulations [11 NYCRR] §65-3.8[c]; Unitrin, 82 AD3d at 560).