Key Takeaway
NY court rules EUO scheduling letter dates need not be included in denial forms. Case law analysis on no-fault insurance EUO notice requirements.
Actual Chiropractic, P.C. v Mercury Cas. Co., 2016 NY Slip Op 51435(U)(App. Term 2d Dept. 2016)
“The proof submitted by defendant established that it had timely mailed both the EUO scheduling letters and the denial of claim forms at issue (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 ), and that plaintiff’s assignor had failed to appear for the duly scheduled EUOs (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 ; Ortho Prods. & Equip., Inc. v Interboro Ins. Co., 41 Misc 3d 143, 2013 NY Slip Op 52054 ). We note that, contrary to the conclusion of the Civil Court, “the failure to set forth the dates of the scheduled examinations in the denial of claim form did not render the denial conclusory, vague, or without merit as a matter of law” (Quality Psychological Servs., P.C. v Avis Rent-A-Car Sys., LLC, 47 Misc 3d 129, 2015 NY Slip Op 50378, *1 ).”
This is posted for three reasons. One, it is my case so I am biased. Second, the no-show was proved through what I call a business record foundation. Third, we see that the level of specificity that is required on the disclaimer (again) is that of notice.
Related Articles
- Understanding EUO Requirements in New York No-Fault Insurance Cases
- How to Challenge EUO No-Show Denials: When Improper Notice Can Reverse Insurance Denials in New York
- Validity of EUO, Appellate Term, 2d Dept: Take two
- Personal Knowledge Requirements for EUO Non-Appearances: NY Legal Standards
- New York No-Fault Insurance Law
