Great Health Care Chiropractic, P.C. v Allstate Ins. Co., 2016 NY Slip Op 50311(U)(App. Term 2d Dept. 2016)
“In support of its motion, defendant failed to establish that the initial and follow-up EUO scheduling letters had been timely mailed (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]). As a result, defendant failed to demonstrate that the EUOs had been properly scheduled and, thus, that plaintiff’s assignor had failed to appear at duly scheduled EUOs”
I am curious if this was a violation of the 10-day rule or just lack of proof of mailing?
