Key Takeaway
Master Arbitrator Dachs analyzes IDS v. Stracar on EUO compliance requirements, partial performance standards, and carrier response obligations in New York no-fault cases.
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Putting aside certain disdain towards the Second Department punting the “absolute coverage” component of Unitrin and ATIC v. Lucas, the IDS case said that when carrier wants an EUO of whoemever, no is not a suitable answer. The case also spoke about “partial performance”, which probably means showing up to the EUO. I am not sure what needs to be answered to constitute partial performance, although answering relevant questions would seem to fit the bill.
The question that of course lingers, and is quite manifest is what happens when the provider says I will not show up because you did not do ………. or do not have ……….. and the carrier either says we stand by our demand or ignores the provider. Master Dachs said the following in Blank v. Geico, 412013060819
“Indeed, “It is well established that the failure to comply with the standard policy provision requiring disclosure by way of submission to an examination under oath, as often as may be reasonably required, as a condition precedent to performance of the promise to Indemnify, constitutes a material breach of the policy, precluding recovery of the policy proceeds.” IDS Property Cas. Ins. Co. v. Stracar Medical Services, P.C., 116 AD3d 1005 (2d Dept. 2014) (internal quotation marks and citations omitted). Insofar as applicant’s complaint that the Lower Arbitrator “Ignored the Insurance carrier’s failure to respond to the applicant’s … objection letters” is concerned, assuming, arguendo, that responses were required, the record before me demonstrates that adequate responses were given.”
Note: “assuming arguendo”. Read this how you want, but I think assuming arguendo leads to a certain result.
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Legal Update (February 2026): Since this 2014 analysis of IDS v. Stracar and EUO compliance requirements, New York no-fault regulations and procedural requirements may have been amended, particularly regarding examination under oath protocols, provider objection procedures, and carrier response obligations. Practitioners should verify current Insurance Department regulations and recent appellate decisions interpreting EUO compliance and “partial performance” standards under current law.
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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Mar 21, 2016Was this article helpful?
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.
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