Dream Acupuncture, P.C. v State Farm Fire & Cas. Co., 2013 NY Slip Op 51997(U)(App. Term 2d Dept 2013)
“Contrary to plaintiff’s other argument on appeal, it was not defendant’s burden to demonstrate that the applicable policy condition contains a provision for using EUOs as a method of verifying claims. As we have previously noted, effective April 5, 2002, the mandatory personal injury endorsement contains a provision for EUOs (see Insurance Department Regulations [11 NYCRR] § 65-1.1 [b]). The accident in question occurred on February 9, 2007. Since the policy in this case would have been issued after 2002, it would necessarily have contained a provision for EUOs, and, thus, defendant was not required to produce the policy to establish the existence of such a provision”
Yes, this is old already.
