Discovery disallowed when EUO requests are not responded to by deponentSeptember 9, 2013

Canarsie Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co., 2013 NY Slip Op 51457(U)(App. Term 2d Dept. 2013)

“Plaintiff argues that defendant failed to prove that it had timely mailed its EUO scheduling letters and denial of claim forms, that defendant’s EUO requests were not justified, and that defendant’s motion should have been denied pursuant to CPLR 3212 (f).”

“Since plaintiff does not claim to have responded in any way to the EUO requests, its objections regarding the EUO requests will not be heard, and therefore discovery relevant to the reasonableness of the EUO requests was not necessary to oppose the motion (see CPLR 3212 [f]).”

This is the first time that the court has held that the failure to respond to an EUO demand estopps the provider from seeking disclosure as to the reasonableness of the EUO letters.

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