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:
Free Consultation · No Fee Unless We Win
Does this apply to your situation?
Every case is different. Get a free, confidential case review from an experienced attorney who can tell you exactly where you stand.
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.
Related Articles
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.
Keep Reading
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.
Feb 25, 2026
EUO 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, 2021
EUO Scheduling Letters: Allstate Fails to Prove Timely Mailing
Appellate Term holds Allstate failed to prove its EUO scheduling letters were timely mailed, sinking its no-show defense in this no-fault first-party benefits suit.
Mar 21, 2016
Walking 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, 2014
EUO 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, 2012
A 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, 2018Was 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.
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.
