Key Takeaway
J.K.M. Med. Care v Ameriprise: Court rules on EUO scheduling requirements, malpractice implications, and assignment timing in New York no-fault insurance case.
J.K.M. Med. Care, P.C. v Ameriprise Ins. Co., 2016 NY Slip Op 26424 (App. Term 2d Dept. 2016)
(1) “Plaintiff herein was neither named nor served in the Supreme Court proceeding, nor, at the time, was plaintiff in privity with its assignor, who was a named party in that proceeding, as the assignment of benefits had been executed before defendant had commenced the Supreme Court proceeding to compel the assignor’s appearance at an EUO or for declaratory relief upon the assignor’s failure to appear. As plaintiff had no full and fair opportunity to appear and defend its interests in the Supreme Court proceeding, the present action in the Civil Court is not subject to summary judgment dismissing the complaint by virtue of the Supreme Court declaration”
(2) “Defendant argues that, even in the absence of a judicial declaration, the order granting defendant’s motion for summary judgment dismissing the complaint should be affirmed on the alternative ground that plaintiff’s assignor had failed to appear for duly scheduled EUOs. However, contrary to defendant’s assertion, defendant failed to establish that it had timely and properly mailed its EUO scheduling letters”
(3) “Furthermore, plaintiff properly argues that the scheduling letters failed to advise the assignor, in accordance with 11 NYCRR 65-3.5 (e), that she would be reimbursed for any loss of earnings and reasonable transportation costs incurred in complying with the request for an EUO.”
When do the malpractice insurance carriers get called? This is not going to be a “U” or “A” citation, so names will appear on this order in the report. Yikes.
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
- New York EUO Requirements: When Examination Under Oath Demands Are Untimely
- EUO No-Show Consequences: What Happens When You Skip Your Examination Under Oath in New York
- New York No-Fault Insurance Law
Legal Update (February 2026): Since this post’s publication in December 2016, Part 65 regulations governing no-fault insurance practices, including EUO scheduling requirements under 11 NYCRR 65-3.5, may have been amended or updated. Practitioners should verify current regulatory provisions regarding EUO notice requirements, reimbursement obligations, and procedural compliance standards, as regulatory changes could affect the analysis of proper EUO scheduling discussed in this decision.
