Metro Health Prods., Inc. v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 51419(U)(App. Term 2d Dept. 2015)
Do not get too excited; anyway, Unitrin is not what it used to be. The citing here is to a limited proposition of law: ” To the extent plaintiff asserts [*2]that defendant did not demonstrate that plaintiff’s failure to cooperate was willful, defendant complied with the regulations (see 11 NYCRR 65) and there is no requirement to establish willfulness (see Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC, 82 AD3d 559 [2011]).”
The case also deals with the standard rule that an MSJ for an EUO no-show will not be delayed pending discovery, especially where there has been no objection to the reasonableness of the EUO.
