Key Takeaway
Court rules that follow-up EUO verification requests sent more than 25 days late violate Triangle "R" rule, making insurance denials untimely under no-fault regulations.
This article is part of our ongoing euo issues coverage, with 323 published articles analyzing euo issues issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
New York’s no-fault insurance system operates under strict timing requirements that protect both insurers and healthcare providers. When insurance companies request examinations under oath (EUOs) or independent medical examinations (IMEs), they must follow precise procedural rules outlined in the Insurance Department Regulations. One critical rule involves follow-up verification requests when an assignor fails to appear for a scheduled examination.
The Triangle “R” rule establishes timing parameters for these follow-up requests, but until 2012, courts had limited guidance on what constituted “timely” verification. The Appellate Term’s decision in Concourse Chiropractic provided the first comprehensive analysis of this timing requirement, establishing important precedent for New York no-fault insurance law practitioners.
Understanding these timing rules is crucial for both insurance carriers and healthcare providers navigating the no-fault system. When verification requests are sent too late, insurers risk having their claim denials deemed untimely, potentially resulting in automatic payment obligations.
Jason Tenenbaum’s Analysis:
Concourse Chiropractic, PLLC v Fiduciary Ins. Co. of Am., 2012 NY Slip Op 51058(U)(App. Term 2d Dept. 2012)
This is the first case where the Court expounded on the Triangle “R” rule, regarding late follow-up verification requests.
“On December 2, 2008, defendant requested that plaintiff’s assignor appear for an examination under oath (EUO) on January 8, 2009. Plaintiff’s assignor failed to appear for the EUO. However, defendant did not mail a second request until February 12, 2009. As this follow-up request was untimely (see Insurance Department Regulations § 65-3.6 ), defendant failed to toll the 30-day claim determination period (Insurance [*2]Department Regulations § 65-3.8 ), and, as a result, defendant’s denial of plaintiff’s claim was untimely.”
The Court was correct on this. I would venture to say that anything sent north of 20 days after the date of the first “EUO” or “IME” is probably going to violate the Triangle “R” rule.
Key Takeaway
The Concourse Chiropractic decision established that follow-up verification requests sent more than 25 days after a missed EUO violate timing requirements under Insurance Department Regulations. This failure to send timely follow-up requests prevents insurers from tolling the 30-day claim determination period, making subsequent denials untimely. Practitioners should note that requests sent more than 20 days after the original examination date likely violate the Triangle “R” rule.
This timing requirement also applies to IME no-show situations, where similar verification procedures must be followed. Healthcare providers should be aware that EUO objections may have limited effectiveness when procedural requirements aren’t properly met by insurance carriers.
Legal Update (February 2026): Since this 2012 post, New York’s no-fault regulations have undergone several revisions, particularly regarding EUO and IME procedural requirements and timing standards. The Insurance Department has updated various provisions within Title 11 NYCRR § 65, potentially affecting verification request deadlines and the Triangle “R” rule applications discussed here. Practitioners should verify current regulatory language and recent appellate decisions when applying these timing requirements to pending cases.
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
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Sep 29, 2016Common Questions
Frequently Asked Questions
What is an Examination Under Oath (EUO) in no-fault insurance?
An EUO is a sworn, recorded interview conducted by the insurance company's attorney to investigate a no-fault claim. The insurer schedules the EUO and asks detailed questions about the accident, injuries, treatment, and the claimant's background. Under 11 NYCRR §65-3.5(e), appearing for the EUO is a condition precedent to receiving no-fault benefits — failure to appear can result in claim denial.
What happens if I miss my EUO appointment?
Missing an EUO (known as an EUO 'no-show') can result in denial of your no-fault benefits. However, insurers must follow strict procedural requirements: they must send two scheduling letters by certified and regular mail, provide adequate notice, and submit a timely denial based on the no-show. If the insurer fails to comply with these requirements, the denial can be overturned at arbitration or in court.
What questions will be asked at a no-fault EUO?
EUO questions typically cover your personal background, employment history, the circumstances of the accident, your injuries and symptoms, treatment received, prior accidents or injuries, and insurance history. The insurer's attorney may also ask about your daily activities and financial arrangements with medical providers. You have the right to have your attorney present, and your attorney can object to improper questions.
Can an insurance company require multiple EUOs for the same claim?
Yes, under 11 NYCRR §65-3.5(e), an insurer may request additional EUOs as reasonably necessary to investigate a claim. However, repeated EUO requests may be challenged as harassing or unreasonable. Courts have found that insurers cannot use EUOs as a tool to delay claims indefinitely. Each EUO request must be properly noticed with adequate time for the claimant to appear.
Do I have the right to an attorney at my EUO?
Yes. You have the right to have an attorney represent you at an EUO, and it is strongly recommended. Your attorney can prepare you for the types of questions asked, object to improper or overly broad questions, and ensure the insurer follows proper procedures. Having experienced no-fault counsel at your EUO can help protect your claim from being unfairly denied.
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About the Author
Jason Tenenbaum, Esq.
Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.
Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a euo issues matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.