Superior Oxygen & Ortho Supplies, Ltd. v Auto One Ins. Co., 2012 NY Slip Op 50348(U)(App. Term 2d Dept. 2012)
“defendant failed to establish that the examination under oath (EUO) scheduling letters had been timely mailed (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]) and that the 30-day claim determination period (see Insurance Department Regulations [11 NYCRR] § 65-3.8) had been tolled. As a result, defendant failed to establish that its denial of claim forms were timely and, thus, that it is not precluded from raising the failure of plaintiff’s assignors to appear at the EUOs as a defense”
The case speaks for itself and the result should validate a more proactive method to handling these cases. Otherwise, why are you paying your attorneys to do these EUO’s?
