Key Takeaway
Court ruling establishes that investigator affidavits and on-record statements provide sufficient proof of no-show at scheduled EUOs in no-fault insurance cases.
Understanding EUO No-Show Documentation Requirements
In New York no-fault insurance litigation, one of the most common disputes involves examinations under oath (EUOs) and what happens when claimants fail to appear for these scheduled proceedings. Insurance companies must prove that a no-show actually occurred to successfully defend against claims or establish grounds for denial. The question often arises: what type of evidence is sufficient to demonstrate that a claimant failed to appear?
This case provides important guidance on the evidentiary standards courts will accept when insurance companies need to prove a no-show occurred. Understanding these requirements is crucial for both insurance carriers defending claims and medical providers pursuing New York No-Fault Insurance Law benefits. The ruling clarifies that formal documentation combined with testimony can establish the necessary proof, which has implications for how insurance companies should document EUO proceedings and no-shows.
Jason Tenenbaum’s Analysis:
Arco Med. NY, P.C. v Metropolitan Cas. Ins. Co., 2013 NY Slip Op 52001(U)(App. Term 2d Dept. 2013)
Court found that an investigator’s affidavit and statements made on the record were sufficient to demonstrate the no-show
“Defendant also established that plaintiff had failed to appear at the duly scheduled EUOs, through both an affidavit by the investigator who had been assigned to conduct the EUOs, and statements made on the record by the same investigator
Key Takeaway
This decision establishes a clear precedent for proving EUO no-shows through a combination of written affidavits and oral testimony from the assigned investigator. Insurance companies can rely on this dual-documentation approach when defending against claims where no-shows have occurred, and it demonstrates that courts don’t require extensive documentation beyond credible investigator testimony and supporting affidavits to establish non-appearance at scheduled examinations.
Legal Update (February 2026): Since this 2013 analysis of EUO no-show documentation requirements, New York’s no-fault regulations and procedural rules may have been amended, potentially affecting evidentiary standards for proving non-appearance at examinations under oath. Practitioners should verify current provisions regarding documentation requirements, acceptable proof standards, and procedural safeguards for EUO proceedings under the most recent regulations and case law.
