Key Takeaway
Court rules insurance companies don't need to include policy documents in motion papers when seeking examination under oath in no-fault cases.
Understanding EUO Motion Requirements in No-Fault Insurance Cases
In New York’s no-fault insurance system, insurance companies frequently request examinations under oath (EUOs) from claimants to investigate potential fraud or gather additional information about claims. A common question that arises in litigation is whether insurers must attach the actual insurance policy to their motion papers when seeking court orders compelling EUOs.
The Eagle Surgical Supply case provides important clarification on this procedural requirement. When insurance companies file motions in court related to New York No-Fault Insurance Law matters, they often face challenges from opposing parties who argue that failure to include certain documentation should result in denial of the motion.
This case specifically addresses whether the absence of the insurance policy itself in motion papers creates a fatal defect that would prevent a court from granting relief related to EUO compliance. The ruling has significant implications for how insurance companies structure their motion practice and what documentation courts require to make determinations about EUO entitlements.
Jason Tenenbaum’s Analysis:
Eagle Surgical Supply, Inc. v New York Cent. Mut. Fire Ins. Co., 2012 NY Slip Op 50772(U)(App. Term 2d Dept. 2012)
“On appeal, plaintiff contends that these branches of defendant’s motion should have been denied because defendant never proved that the applicable automobile insurance policy contained a provision entitling defendant to EUOs. This argument lacks merit”
Key Takeaway
The court rejected the argument that insurance companies must prove policy provisions by including the actual policy in their motion papers. This ruling streamlines the motion practice for EUO-related disputes, as insurers can rely on other forms of proof to establish their contractual right to examinations. However, claimants who face EUO objections should understand that failure to appear can have serious consequences for their cases.
Legal Update (February 2026): Since this 2012 decision, New York’s no-fault insurance regulations and procedural requirements for EUO motions may have been modified through regulatory amendments or updated court rules. Practitioners should verify current documentation requirements and motion practice standards under the most recent Insurance Law provisions and applicable court rules when filing EUO-related motions.
