Key Takeaway
Natural Therapy Acupuncture v State Farm: Court upholds EUO no-show denial when insurer proves proper notice and attorney confirms plaintiff's failure to appear.
Natural Therapy Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co., 2014 NY Slip Op 50134(U)(App. Term 2d Dept. 2014)
“Contrary to plaintiff’s argument, the affidavits submitted by defendant established that the EUO scheduling letters and the denial of claim forms had been timely mailed in accordance with its 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 ). Furthermore, since plaintiff does not claim to have responded in any way to the EUO requests, its objections regarding the EUO requests will not now be heard (see Viviane Etienne Med. Care, P.C. v State Farm Mut. Auto. Ins. Co., 35 Misc 3d 127, 2012 NY Slip Op 50579 ; Crescent Radiology, PLLC v American Tr. Ins. Co., 31 Misc 3d 134, 2011 NY Slip Op 50622 ). Consequently, discovery relevant to the reasonableness of the EUO requests was not necessary for plaintiff to oppose defendant’s motion (see CPLR 3212 ). Finally, contrary to plaintiff’s argument on appeal, the affirmation submitted by defendant’s attorney, who was present in his office to conduct plaintiff’s EUO on the scheduled dates, was sufficient to establish that plaintiff had failed to appear.”
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- New York No-Fault Insurance Law
Legal Update (February 2026): Since this 2014 decision, New York no-fault regulations governing examination under oath procedures, notice requirements, and proof standards may have been modified through regulatory amendments or updated Department of Financial Services guidance. Practitioners should verify current EUO scheduling requirements, notice provisions, and evidentiary standards under the current Insurance Law and implementing regulations.
