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EUO denial not vague or conclusory for not stating datesApril 7, 2015

Quality Psychological Servs., P.C. v Avis Rent-A-Car Sys., LLC, 2015 NY Slip Op 50378(U)(App. Term 2d Dept. 2015)

“Here, plaintiff has not alleged that it did not receive a denial of claim from defendant. Moreover, the denial of claim form attached to defendant’s motion papers, which plaintiff argues is fatally defective, states that the claim was being denied because plaintiff’s assignor had failed to appear for two properly scheduled examinations under oath. Contrary to plaintiff’s argument, the failure to set forth the dates of the scheduled examinations in the denial of claim form did not render the denial conclusory, vague, or without merit as a matter of law

The denial was valid despite not setting forth the date on the denials.

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