Key Takeaway
Court decisions on EUO timing requirements under GCL 25-a when 10th day falls on Sunday, including analysis of follow-up request strategies.
Encompass Ins. Co. v Rockaway Family Med. Care, P.C., 2016 NY Slip Op 01921 (1st Dept. 2016)
“Plaintiff’s second follow-up request for an examination under oath was sent 11 days after defendant failed to appear on the date set in the first request; the 10th day fell on a Sunday (see 11 NYCRR 65-3.6). Plaintiff correctly argues that it was entitled to an extension of time to the next business day to send its second follow-up request”
Encompass Ins. Co. v Rockaway Family Med. Care, P.C., 2016 NY Slip Op 01922 (1st Dept. 2016)
“It is undisputed that petitioner’s second follow-up request for an examination under oath was sent 11 days after respondent failed to appear on the date set in the first request and that the 10th day fell on a Sunday (see 11 NYCRR 65-3.6). Plaintiff was entitled to an extension of time to the next business day to send its second follow-up request”
Two point. First, why wait until day 10 (or here day 11) to serve a second EUO letter? Second, if you reviewed the record at Supreme Court, you will observe that there was a third EUO attempt. The letter was served more 10-days following the second no-show. Curiously, it did not appear that the medical provider raised this an issue.
Related Articles
- Understanding EUO Requirements in New York No-Fault Insurance Cases
- New York EUO Requirements: When Examination Under Oath Demands Are Untimely
- How to Challenge EUO No-Show Denials: When Improper Notice Can Reverse Insurance Denials in New York
- EUO validity and timeliness requirements under New York law
- New York No-Fault Insurance Law
Legal Update (February 2026): The examination under oath procedures and timing requirements discussed in this 2016 post may have been modified through amendments to 11 NYCRR 65-3 or related no-fault regulations. Practitioners should verify current provisions regarding follow-up EUO request deadlines, business day calculations, and procedural requirements, as regulatory changes may have occurred since the cited Encompass decisions.
