Progressive Cas. Ins. Co. v Metro Psychological Servs., P.C., 2016 NY Slip Op 03485 (2d Dept. 2016)
Mass production is great when your systems properly account for all variable. In this case, that was not done.
“As the defendant correctly contends, the plaintiffs failed to establish, prima facie, that they timely and properly mailed the EUO letters to the defendant. The affirmation of the plaintiffs’ counsel contained conclusory allegations regarding his office practice and procedure, and failed to establish that the practice and procedure was designed to ensure that the EUO letters were addressed to the proper party and properly mailed”
It is amazing that a medical provider attorney can tell their client not to show up for the EUO since carrier’s counsel cannot prove that it mailed its scheduling letters. And then we have the denial issue which I think Progressive Cas. Ins. Co. v Infinite Ortho Prods., Inc., 127 AD3d 1050, 1051-1052 made insurmountable to that carrier. smh.
