Key Takeaway
Court reaffirms that healthcare providers who fail to object to EUO requests cannot later challenge their reasonableness in discovery disputes.
Understanding EUO Objection Requirements in No-Fault Insurance Cases
In New York No-Fault Insurance Law disputes, healthcare providers must navigate strict procedural requirements when dealing with Examinations Under Oath (EUOs). One of the most critical rules involves the timing and manner of objections to EUO requests. Failure to properly object at the outset can have devastating consequences for a provider’s ability to challenge the insurer’s conduct later in litigation.
The Appellate Term’s recent decision in T & J Chiropractic demonstrates how courts consistently enforce the “object or waive” principle. When insurance companies issue EUO requests, healthcare providers have a narrow window to raise objections about the scope, timing, or reasonableness of these demands. Missing this opportunity typically means forfeiting the right to challenge the EUO process entirely, even if the requests were potentially problematic.
This procedural trap has ensnared numerous providers who assumed they could address EUO issues during discovery. As we’ve seen in previous cases, courts show little sympathy for providers who fail to follow proper objection procedures from the start.
Jason Tenenbaum’s Analysis:
T & J Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 50406(U)(App. Term 2d Dept. 2015)
“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. Consequently, discovery relevant to the reasonableness of the EUO requests was not necessary for plaintiff to oppose defendant’s motion”
We have seen this before….(and before)…
Key Takeaway
Healthcare providers must object to problematic EUO requests immediately upon receipt. Courts will not entertain later challenges to EUO reasonableness during discovery if no timely objection was made. This strict procedural requirement means providers who ignore or fail to respond to EUO requests risk waiving all future arguments about the appropriateness of those demands.
