Key Takeaway
District Court decision explores EUO document request scope and consequences of non-attendance in New York no-fault insurance cases.
Back to Back Chiropractor, P.C. v State Farm Mut. Auto. Ins. Co., 2012 NY Slip Op 51088(U)(Dis. Ct. Suffolk Co. 2012)
This opinion is interesting and worth reading because it addresses a few issues that are going to have to be tackled at some point by an appellate court. They form the bane of many lower arbitrators’ decisions.
- “Nonetheless, defendant’s request for the production of documents and information seven days prior to the EUO is troubling to the Court. The request, as plaintiff contends, is clearly outside the scope of permissible information. Lower Courts have found this type of EUO request for documents and information to be “palpably improper”.
The Court addresses the discoverability of tax returns. I think corporate tax returns are openly discoverable during verification.
Despite the above: “However it is the plaintiff’s reaction to the “palpably improper” document demand of defendant’s EUO request that vitiates its causes of action. Here, the plaintiff did nothing and did not contact the defendant’s counsel to protest the document request. There is no provision in the no-fault regulations which permit a claimant or an insurance company to ignore communications from each other “without risking its chance to prevail in the matter”
- The plaintiff’s assignee also did not show up at either date for the EUO’s. Again, there was no protest of the fact that the EUO’s were scheduled at the inconvenient location of Poughkeepsie, New York, a few hours upstate from plaintiff’s office in Nassau County. Nor did the plaintiff request reimbursement for time and travel expenses “thereby preserving its defenses concerning the EUO notices”
I think the Court is correct: show up to the EUO and send a bill for your time and mileage. Deal with the other issues after you show up.
Related Articles
- Understanding EUO Requirements in New York No-Fault Insurance Cases
- How to Challenge EUO No-Show Denials: When Improper Notice Can Reverse Insurance Denials in New York
- New York EUO Requirements: When Examination Under Oath Demands Are Untimely
- Validity of EUO, Appellate Term, 2d Dept: Take two
- New York No-Fault Insurance Law
Legal Update (February 2026): Since this 2012 decision, New York’s no-fault regulations and EUO procedures may have been modified through regulatory amendments or updated Department of Financial Services guidance. Practitioners should verify current provisions regarding EUO document requests, scheduling requirements, and procedural compliance obligations, as standards for “palpably improper” requests and response protocols may have evolved.
