Key Takeaway
Court ruling confirms that proper mailing procedures and attorney's personal knowledge can establish EUO no-shows, setting important precedent for no-fault insurance disputes.
This article is part of our ongoing euo issues coverage, with 200 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.
Establishing EUO No-Shows: Mailing Procedures and Personal Knowledge
In New York’s no-fault insurance system, Examinations Under Oath (EUOs) serve as a critical tool for insurance companies to investigate claims. When assignors fail to appear for scheduled EUOs, insurers must prove both proper notice and actual non-appearance to successfully defend against subsequent lawsuits. The Olmeur decision demonstrates how courts evaluate this evidence and what documentation proves sufficient.
The case highlights two essential elements insurance companies must establish: that EUO scheduling letters were properly mailed according to standard office procedures, and that an attorney with personal knowledge can testify to the assignor’s failure to appear. This ruling provides valuable guidance for both insurers defending claims and medical providers pursuing EUO-related disputes.
Jason Tenenbaum’s Analysis:
Olmeur Med., P.C. v Nationwide Gen. Ins. Co., 2013 NY Slip Op 52031(U)(App. Term 2d Dept. 2013)
“In support of its motion for summary judgment, defendant submitted an affirmation from the attorney who had been responsible for conducting the EUOs at issue. His affirmation established that the EUO scheduling letters had been mailed to the assignor in accordance with his law firm’s standard office practices and procedures (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 ; Delta Diagnostic Radiology, P.C. v Chubb Group of Ins., 17 Misc 3d 16 ), and that, based on the attorney’s personal knowledge, the assignor had failed to appear for either of the duly scheduled EUOs (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 ; Alrof, Inc. v Safeco Natl. Ins. Co., 39 Misc 3d 130, 2013 NY Slip Op 50458 )”
Note a citing to Alrof v. Safeco…
Key Takeaway
The Olmeur decision confirms that insurance companies can successfully establish EUO no-shows through two key pieces of evidence: an attorney’s affirmation detailing standard mailing procedures and personal knowledge of the assignor’s failure to appear. The court’s citation to Alrof v. Safeco suggests this precedent continues to influence EUO enforcement cases.
Legal Update (February 2026): Since this 2013 post, New York’s EUO procedures and notice requirements may have been modified through regulatory amendments or court decisions interpreting proper mailing procedures and personal knowledge standards. Practitioners should verify current Insurance Department regulations and recent appellate decisions regarding EUO scheduling notice requirements and acceptable forms of proof for establishing non-appearance.
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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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More EUO issues Analysis
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Feb 25, 2026EUO no-show – correct statement of law
Court ruling clarifies that insurers cannot enforce EUO requests sent more than 30 days after receiving claims, making late requests nullities under New York no-fault law.
May 22, 2021Insurance Company EUO Requirements: When No Objective Basis is Necessary – New York No-Fault Law
Learn when NY insurance companies can demand EUOs without objective basis. Expert analysis of Actual Chiropractic v State Farm. Call 516-750-0595.
Oct 17, 2019EUO no show is unconditional
Appellate Term reinforces that failing to appear for EUO is unconditional bar to coverage, rejecting Civil Court's attempt to allow second chance for medical provider.
Oct 27, 2016EUO time-frame according to the Appellate Term Second Department
New York appellate court clarifies strict 15-day deadline for no-fault insurers to request EUOs, ruling that late scheduling letters are nullities under regulations.
Apr 14, 2015Alrof Safeco made another sighting
Court rejects insurance company's EUO no-show motion due to defective affidavit lacking personal knowledge, highlighting critical evidentiary requirements in no-fault cases.
Jul 16, 2013Common 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.