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Mutual rescheduling prior to the first no-showDecember 8, 2013

Five Boro Psychological Servs., P.C. v Utica Mut. Ins. Co., 2013 NY Slip Op 52005(U)(App. Term 2d Dept. 2013)

“Defendant denied the claim at issue based upon the alleged failure by plaintiff’s assignor to appear at duly scheduled examinations under oath (EUOs). However, according to the affirmation submitted by defendant’s counsel, the initial EUO had been rescheduled by mutual agreement, prior to the date it was to occur. A mutual rescheduling, which occurs prior to the date of the scheduled EUO, does not constitute a failure to appear

The mutual rescheduling trap.  It is alright to reschedule prior to the no-show date, but make sure you afford the EIP a third attempt to attend the EUO/IME

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