Key Takeaway
New York court rules insurers don't need objective basis to schedule EUO in no-fault cases. Flow Chiropractic v Travelers establishes carrier discretion.
Flow Chiropractic, P.C. v Travelers Home & Mar. Ins. Co., 2014 NY Slip Op 51142(U)(App. Term 2d Dept. 2014)
“On appeal, plaintiff argues that defendant lacked justification for its EUO requests and that the document demands contained in the EUO requests were palpably improper.
An appearance at an EUO “is a condition precedent to the insurer’s liability on the policy” (Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720, 722 ). Plaintiff’s contention that defendant was not entitled to summary judgment because defendant had failed to set forth any objective standards for requesting the EUOs lacks merit. No “provision of No-Fault Regulations 68 requires an insurer’s notice of scheduling an EUO to specify the reason(s) why the insurer is requiring the EUOs” (2006 Ops Ins Dept No. 06-12-16 ).”
If an insurance carrier does not need to specify why an EUO is being held, then does the IP or provider have the right to object to being subjected to an EUO? The answer is probably not. Again, objections might be limited to location and time of the EUO. But the basic premise that one must show up to an EUO at the carrier’s whim is probably good law. IDS v. Stracar bears that premise out.
Related Articles
- Understanding EUO Requirements in New York No-Fault Insurance Cases
- New York EUO Requirements: When Examination Under Oath Demands Are Untimely
- Validity of EUO, Appellate Term, 2d Dept: Take two
- Understanding EUO Denial: When Insurance Companies Can Substantiate Coverage Denials
- New York No-Fault Insurance Law
Legal Update (February 2026): Since this 2014 post, New York’s no-fault regulations and related case law may have evolved regarding EUO scheduling requirements and procedural standards. Practitioners should verify current provisions in 11 NYCRR Part 65 and recent appellate decisions, as regulatory amendments or judicial interpretations may have modified the standards for EUO requests and any associated disclosure requirements.
