Key Takeaway
Learn how certified EUO transcripts can prove no-shows in New York no-fault insurance cases, as demonstrated in Active Chiropractic v Praetorian Insurance.
Understanding EUO No-Show Documentation in New York No-Fault Cases
In New York no-fault insurance law, insurance carriers frequently schedule Examinations Under Oath (EUOs) to investigate claims. When claimants fail to appear for these scheduled examinations, carriers must prove the no-show occurred to successfully defend against lawsuits. The critical question often becomes: what documentation is sufficient to establish that a claimant actually failed to appear?
This evidentiary challenge is particularly important because EUO no-shows can result in discovery waivers and claim denials. Insurance companies typically rely on various forms of documentation, from simple affidavits to more formal certified records. The courts have generally been receptive to certified transcripts as proof of non-appearance, but each case presents unique factual circumstances that can affect the outcome.
The Active Chiropractic case provides clear guidance on this procedural issue, demonstrating that certified EUO transcripts alone can be sufficient evidence to prove a claimant’s failure to appear, particularly when the claimant offers no contrary evidence or explanation.
Jason Tenenbaum’s Analysis:
Active Chiropractic, P.C. v Praetorian Ins. Co., 2014 NY Slip Op 50634(U)(App. Term 2d Dept. 2014)
Standard EUO no-show motion. However, the issue (among others) involved the proof of no-show. Is a certified EUO bust statement sufficient to prove the no-show? The answer is yes and the complaint is dismissed.
“Defendant also submitted certified transcripts of the scheduled EUOs, which demonstrated that plaintiff’s assignor had failed to appear. Plaintiff does not claim to have responded in any way to the EUO requests.”
Key Takeaway
This decision confirms that certified EUO transcripts provide adequate proof of a claimant’s failure to appear for examination. Insurance carriers can rely on this documentation to successfully defend against lawsuits when claimants don’t contest the no-show allegation. This approach is consistent with other substantiated no-show cases where proper documentation leads to claim dismissals.
Legal Update (February 2026): Since this 2014 analysis of EUO no-show documentation requirements, New York courts have continued to refine evidentiary standards for proving non-appearance, and procedural rules governing EUO scheduling and notice requirements may have been updated through regulatory amendments or case law developments. Practitioners should verify current provisions regarding acceptable forms of documentation and any changes to timing or notice requirements for EUOs in no-fault cases.
