Key Takeaway
Court ruling highlights insurance companies must prove they actually appeared at scheduled EUOs when claiming assignor failed to show up for examination.
This article is part of our ongoing euo issues coverage, with 197 published articles analyzing euo issues issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Proving a “no-show” at an Examination Under Oath (EUO) requires more than just claiming the person didn’t appear. Insurance companies must substantiate their presence at the scheduled examination location with proper documentation and evidence. This case demonstrates the importance of meeting specific evidentiary requirements when seeking to deny claims based on alleged EUO non-compliance.
In New York No-Fault Insurance Law cases, EUOs are critical tools for insurance companies to investigate claims. However, when an assignor allegedly fails to appear, the burden falls on the insurer to prove both that they were present and that the examination was properly noticed. This case illustrates common pitfalls in establishing such proof, particularly when EUO objections may be futile if procedural requirements aren’t met.
Court’s Findings on EUO Non-Appearance
The Appellate Term addressed a fundamental issue in EUO practice: what constitutes adequate proof of a claimant’s failure to appear for examination. The court’s analysis reveals critical gaps in how insurance companies often attempt to establish non-appearance.
Jason Tenenbaum’s Analysis:
Right Aid Med. Supply Corp. v Hartford Ins. Co., 2015 NY Slip Op 51236(U)(App. Term 2d Dept. 2015)
“However, as plaintiff notes, defendant’s motion papers do not unequivocally demonstrate that defendant’s counsel was present on either of the dates of the scheduled EUOs at the office of the court reporting company to which plaintiff’s assignor was directed to go.”
The affidavit goes like this: “I was personally at ____________(address) on ___________date () at _________(time) and __________(name) was not there.” Put some other flowery language afterwards. But the language: “If the EUO went, I would have been the one that conducted it”… Why? I do not get
The second way is to set forth a practice and procedure with definitive statements explaining that someone was present (see above for information) and upon a review of the records, Assignor did not show up. 4518 foundation necessary.
The third way is to use EUO bust statements. Certification is optional.
Three Methods for Proving EUO Non-Appearance
Understanding these different approaches is crucial for practitioners handling no-fault cases. Unlike situations involving Allstate EUO no-show cases where documentation may be more standardized, this case highlights the variability in how insurers attempt to establish their burden of proof.
Key Takeaway: Insurance companies cannot simply assert that a claimant failed to appear for an EUO without providing concrete evidence of their own presence at the examination location. The court requires unequivocal demonstration that defense counsel was actually present and available to conduct the examination as scheduled.
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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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More EUO issues Analysis
EUO No-Show: Attorney Affirmation Sufficient Despite Time Lapse Between No-Shows and Execution
Appellate Term reverses Civil Court, holding that an attorney's affirmation attesting to plaintiff's failure to appear at EUOs was sufficient despite a 'significant lapse in time.'...
Feb 25, 2026EUO no-show – correct statement of law
Court ruling clarifies that insurers cannot enforce EUO requests sent more than 30 days after receiving claims, making late requests nullities under New York no-fault law.
May 22, 2021Allstate letters not timely or properly mailed.
Court rules Allstate failed to prove proper mailing of EUO scheduling letters, highlighting critical procedural requirements in no-fault insurance disputes.
Mar 21, 2016Walking out of an EUO leads to a disclaimer and a whole lot more
Walking out of an EUO leads to disclaimer and coverage denial. Court rules insured who departed mid-examination breached policy conditions in NY no-fault case.
Jul 17, 2014EUO No-Show Legal Issues: Notice Requirements and Your Rights in Long Island and NYC
Excel Imaging case analysis: EUO no-show notice requirements in Long Island & NYC. Protect your no-fault insurance rights. Call 516-750-0595 for legal help.
Jan 27, 2012A basic EUO no-show
NY appellate court ruling on EUO no-show requirements: insurers must prove two proper demands, two failures to appear, and timely denial for summary judgment.
Nov 13, 2018Common Questions
Frequently Asked Questions
What is an Examination Under Oath (EUO) in no-fault insurance?
An EUO is a sworn, recorded interview conducted by the insurance company's attorney to investigate a no-fault claim. The insurer schedules the EUO and asks detailed questions about the accident, injuries, treatment, and the claimant's background. Under 11 NYCRR §65-3.5(e), appearing for the EUO is a condition precedent to receiving no-fault benefits — failure to appear can result in claim denial.
What happens if I miss my EUO appointment?
Missing an EUO (known as an EUO 'no-show') can result in denial of your no-fault benefits. However, insurers must follow strict procedural requirements: they must send two scheduling letters by certified and regular mail, provide adequate notice, and submit a timely denial based on the no-show. If the insurer fails to comply with these requirements, the denial can be overturned at arbitration or in court.
What questions will be asked at a no-fault EUO?
EUO questions typically cover your personal background, employment history, the circumstances of the accident, your injuries and symptoms, treatment received, prior accidents or injuries, and insurance history. The insurer's attorney may also ask about your daily activities and financial arrangements with medical providers. You have the right to have your attorney present, and your attorney can object to improper questions.
Can an insurance company require multiple EUOs for the same claim?
Yes, under 11 NYCRR §65-3.5(e), an insurer may request additional EUOs as reasonably necessary to investigate a claim. However, repeated EUO requests may be challenged as harassing or unreasonable. Courts have found that insurers cannot use EUOs as a tool to delay claims indefinitely. Each EUO request must be properly noticed with adequate time for the claimant to appear.
Do I have the right to an attorney at my EUO?
Yes. You have the right to have an attorney represent you at an EUO, and it is strongly recommended. Your attorney can prepare you for the types of questions asked, object to improper or overly broad questions, and ensure the insurer follows proper procedures. Having experienced no-fault counsel at your EUO can help protect your claim from being unfairly denied.
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About the Author
Jason Tenenbaum, Esq.
Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.
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.
If you need legal help with a euo issues matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.