Avicenna Med. Arts, PLLC v Unitrin Advantage Ins. Co.,
“However, as the Civil Court found, the papers submitted in support of defendant’s cross motion demonstrated that defendant’s follow-up EUO requests were untimely (see 11 NYCRR 65-3.6 [b]; Concourse Chiropractic, PLLC v Fiduciary Ins. Co. of Am., 35 Misc 3d 146[A], 2012 NY Slip Op 51058[U] [App Term, 2d, 11th & 13th Jud Dists 2012]). As the claims at issue were not denied within 30 days of their receipt (see 11 NYCRR 65-3.8 [a] [1]), defendant is precluded from asserting its defense that there had been a failure to appear for EUOs as to those claims (see Westchester Med. Ctr. v Lincoln Gen. Ins. Co., 60 AD3d 1045 [2009]), and, thus, plaintiff was properly granted judgment on its first six causes of action.”
This is the application of Westchester/Lincoln that I agree with, i.e., the timing of the letters as to each other determines whether the verification time=frames were adhered to, except that the 10-day period for the service of the follow-up letter should not be strictly scrutinized in accordance with relevant precedent.
