Timely EUO viz GCL 25-a

If you were injured due to someone else’s careless actions, we understand the challenges you may be facing. As a victim or a surviving family member, you could be dealing with the life-altering consequences of a serious accident.

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[b]). 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[b]). 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.

Facebook
Twitter
Email
Print

4 Responses

  1. THE MEDICAL PROVIDER DID RAISE THIS ISSUE. THE APPELLATE DIVISION DID NOT OPINE ON IT THOUGH.

  2. Absolutely terrible decision. If you know the 10th day falls on a Sunday. Mail It b4 the Statutory 10 days. Appeal!

    1. Decision made sense. But, the decision really highlights the shoddy practices in which certain firms retained to perform EUOs routinely engage. I often wonder why carriers give work to firms that routinely make the same mistakes. Fool me once, shame on you. Fool me twice shame on me?

  3. The carriers are a lil better NOW. Instead of winning every euo case I WIn 9 out of 10 now. Lol ?

Latest Article

DON'T ACCEPT LESS THAN WHAT YOU'RE OWED!

Choosing the right legal representation is one of the most critical decisions you can make after an accident.

Partnering with a skilled, experienced, and dedicated personal injury attorney can bolster your case and position you to secure the full financial compensation you’re entitled to.

Our firm is ready to manage every aspect of your case, including negotiations with insurance companies. We reject inadequate settlement offers and relentlessly fight for the maximum compensation you rightfully deserve.

Contact Us – We’re Here to Help


    5-Star Rating on Google