Key Takeaway
New York court rules that EUO scheduling letters don't need to conspicuously highlight information, clarifying requirements under Insurance Department Regulations.
EUO Scheduling Letters: No Highlighting Required
Examination Under Oath (EUO) proceedings are a critical component of New York No-Fault Insurance Law, allowing insurance companies to question parties under oath about their claims. These examinations must be properly scheduled according to specific regulatory requirements, but questions often arise about how detailed and conspicuous the scheduling notices must be.
The formatting and presentation of EUO scheduling letters has been a point of contention in no-fault litigation. Insurance companies and medical providers have disputed whether scheduling letters must use bold text, underlining, or other visual emphasis to highlight key information like dates, times, and consequences of non-appearance. This formatting question may seem minor, but it can significantly impact whether an EUO no-show results in waived discovery rights or other penalties.
The Appellate Term’s decision in Five Boro Psychological Services provides important clarity for practitioners handling these cases, establishing that conspicuous highlighting is not a regulatory requirement. This ruling affects how both insurers draft their scheduling correspondence and how providers can challenge EUO notices on procedural grounds.
Jason Tenenbaum’s Analysis:
Five Boro Psychological Servs., P.C. v State Farm Mut. Auto. Ins. Co., 2011 NY Slip Op 51846(U)(App. Term 2d Dept. 2011)
“Furthermore, contrary to the Civil Court’s determination, there is no requirement that EUO scheduling letters conspicuously highlight the information contained therein (see Insurance Department Regulations § 65-3.5 , )“
Key Takeaway
Insurance companies are not required to use bold text, underlining, or other visual emphasis in EUO scheduling letters. This decision eliminates a potential procedural defense that medical providers might raise when challenging EUO no-show determinations. The ruling clarifies that plain text scheduling letters satisfy regulatory requirements under Insurance Department Regulations § 65-3.5.
Legal Update (February 2026): The regulatory framework governing EUO scheduling procedures referenced in this 2011 post may have been amended since publication, particularly Insurance Department Regulations § 65-3.5 and § 65, which have been subject to periodic updates. Practitioners should verify current regulatory requirements for EUO notice formatting and procedural compliance, as subsequent regulatory amendments or judicial interpretations may have modified the standards discussed.
