Why Trust This Analysis
This article is part of our ongoing no-fault coverage, with 271 published articles analyzing no-fault issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
No-fault insurance litigation often follows predictable patterns, particularly when insurance companies fail to follow proper procedures in their coverage disputes. The case of Metropolitan Group Property & Casualty Insurance Co. v. Gonzalez – Active Care Medical Supply Corp. presents a textbook example of an insurer’s procedural missteps that are likely heading toward appellate reversal.
This dispute centers on New York No-Fault Insurance Law requirements regarding Examinations Under Oath (EUOs) — a critical tool insurers use to investigate potentially fraudulent claims. When insurers fail to schedule these examinations within the required timeframe or lack proper documentation of their scheduling practices, courts frequently rule against them on procedural grounds.
The pattern Jason identifies here — where insurers create “bad law” through repeated procedural failures — reflects broader challenges in no-fault litigation where EUO scheduling requirements must be strictly followed to preserve coverage defenses.
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Metropolitan Group Prop. & Cas. Ins. Co. v Gonzalez – Active Care Med. Supply Corp. (Sup, Ct. 151619/12)
I checked the underlying cases because I was curious. It looks like Metroplitan’s SIU discovery chicanery, sought EUOS and nobody appeared.
A DJ action was interposed, the usual suspects answered and a motion for summary judgment was interposed that was granted. Missing from the moving papers was evidence as to when the billing was received and whether the EUO’s were scheduled within 30-days of receipt of the billing. Rybak appealed and I am sure the order will be reversed. We saw that play out in National v. Tam and Liberty v. KO Medical. Why is Plaintiff creating more bad law? I am confused.
I would call client, let them know the law changed, consent to vacate the order of Supreme Court, and move again. What’s the definition of insanity? Doing the same thing over and over again and expecting different results.
Key Takeaway
This case exemplifies a recurring problem in no-fault insurance litigation where insurers win at trial court level but face certain reversal on appeal due to procedural deficiencies. When insurance companies fail to properly document EUO scheduling timelines or follow proper procedural requirements, they create adverse precedent that weakens their position in future cases. Strategic litigation management requires recognizing when to concede procedural errors rather than pursuing appeals destined to fail.
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Legal Context
Why This Matters for Your Case
New York's no-fault insurance system, established under Insurance Law Article 51, is one of the most complex insurance frameworks in the country. Every motorist must carry Personal Injury Protection coverage that pays medical expenses and lost wages regardless of fault, up to $50,000 per person.
But insurers routinely deny valid claims using peer reviews, EUO scheduling tactics, fee schedule reductions, and coverage defenses. The Law Office of Jason Tenenbaum has handled over 100,000 no-fault cases since 2002 — from initial claim submissions through arbitration before the American Arbitration Association, trials in Civil Court and Supreme Court, and appeals to the Appellate Term and Appellate Division. Jason Tenenbaum is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
His 2,353+ published legal articles on no-fault practice are cited by attorneys throughout New York. Whether you are dealing with a medical necessity denial, an EUO no-show defense, a fee schedule dispute, or a coverage question, this article provides the kind of detailed case-law analysis that helps practitioners and claimants understand exactly where the law stands.
About This Topic
New York No-Fault Insurance Law
New York's no-fault insurance system requires every driver to carry Personal Injury Protection (PIP) coverage that pays medical expenses and lost wages regardless of who caused the accident. But insurers routinely deny, delay, and underpay valid claims — using peer reviews, IME no-shows, and fee schedule defenses to avoid paying providers and injured claimants. Attorney Jason Tenenbaum has litigated thousands of no-fault arbitrations and court cases since 2002.
271 published articles in No-Fault
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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