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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.
Understanding Assignment Rights and EUO No-Shows in No-Fault Insurance
When medical providers treat patients injured in auto accidents, they often receive assignments of the patient’s New York No-Fault insurance benefits. This assignment typically allows the provider to pursue payment directly from the insurance company. However, complications can arise when the original insured person (the assignor) fails to cooperate with the insurance company’s requirements, such as appearing for an Examination Under Oath (EUO).
The Appellate Term’s decision in Sunlight Med. Care, P.C. v Esurance Ins. Co. addresses a critical question: can a medical provider sue its assignor when that person’s EUO no-show undermines the provider’s ability to collect from the insurer? This case illustrates the complex relationship between assignment rights and the underlying obligations between assignor and assignee.
The court’s analysis reveals important distinctions about what rights are actually transferred through an assignment versus what obligations remain between the original parties. Understanding these nuances is crucial for medical providers navigating no-fault insurance disputes.
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Sunlight Med. Care, P.C. v Esurance Ins. Co., 2015 NY Slip Op 51410(U) (App. Term 2d Dept. 2015)
“While plaintiff argues on appeal that the branch of its motion seeking summary judgment against its assignor should have been granted, it offers no reasoning in support of its argument. We note, however, that while plaintiff purports to sue its assignor pursuant to the assignment it received from the assignor, such a cause of action is based upon plaintiff’s own alleged rights against its assignor, and is not properly based upon the assignment.”
I sense an Amos citing here….
Key Takeaway
The court clarified that assignment of no-fault benefits does not create a cause of action against the assignor based solely on the assignment itself. Medical providers cannot use the assignment as the legal basis to sue patients who fail to cooperate with insurance requirements. Any such lawsuit must be grounded in separate contractual or other legal obligations between the provider and patient, not the assigned insurance benefits.
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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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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.
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