Key Takeaway
New York court grants summary judgment when claimant fails to attend properly scheduled EUO after timely mailing of scheduling letters established proper notice.
Points of Health Acupuncture, P.C. v Lancer Ins. Co., 2010 NY Slip Op 51455(U)(App.Term 2d Dept. 2010)
You have seem this before.
“Contrary to the Civil Court’s findings, defendant established the timely mailing of the EUO scheduling letters. Defendant submitted the affirmation of a partner in the law firm retained by defendant to conduct plaintiff’s EUO in which he set forth in detail his firm’s standard office practice and procedure for the mailing of EUO scheduling letters (see New York & Presbyt. Hosp. v Allstate Ins. Co., 29 AD3d 547 ; Residential Holding Corp. v Scottsdale Ins. Co., 286 AD2d 679 ; Top Choice Med., P.C. v New York Cent. Mut. Fire Ins. Co., 22 Misc 3d 133, 2009 NY Slip Op 50230 ). In addition, counsel alleged facts sufficient to establish that plaintiff had failed to appear at counsel’s law office for the duly scheduled EUOs (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 ; W & Z Acupuncture, P.C. v Amex Assur. Co., 24 [*2]Misc 3d 142, 2009 NY Slip Op 51732 ). Since the appearance of the plaintiff at an EUO is a condition precedent to the insurer’s liability on the policy (see Insurance Department Regulations § 65-1.1; Stephen Fogel Psychological, P.C., 35 AD3d at 722), the Civil Court should have granted defendant’s motion for summary judgment dismissing the complaint. We note that, contrary to the Civil Court’s finding, the affidavit submitted by defendant’s no-fault specialist established that defendant timely mailed its denial of claim forms.”
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- New York No-Fault Insurance Law
Legal Update (February 2026): Since this 2010 decision, New York’s no-fault regulations have undergone multiple amendments, including updates to Insurance Department Regulations Part 65 and procedural requirements for EUO scheduling and notice provisions. Practitioners should verify current regulatory requirements for EUO notice procedures, timing standards, and acceptable proof of mailing under the most recent versions of the applicable regulations.
