Parisien v Metlife Auto & Home, 2017 NY Slip Op 50208(U)(App. Term 2d Dept, 2017)
“Contrary to plaintiff’s contention, defendant was not required to set forth objective reasons for requesting EUOs in order to establish its prima facie entitlement to summary judgment, as an insurer need only demonstrate “as a matter of law that it twice duly demanded an [EUO] from the [provider] . . . that the provider failed to appear and that the [insurer] issued a timely denial of the claims” (Interboro Ins. Co. v Clennon, 113 AD3d 596, 597 [2014]; see Barakat Med. Care, P.C. v Nationwide Ins. Co., 49 Misc 3d 147[A], 2015 NY Slip Op 51677[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]).”
Compare this to the more common scenario where the plaintiff objects or requests a reason for the EUO. c.f American Transit Ins. Co. v. Jaga Med. Servics, P.C.
One Response
Why are we subjected to the same line of appeals over and over. I will note that I think you are incorrect that Jaga, requires an objection to make the argument. Which I find highly offensive due the offensive nature of the EUO requests sent by some of my best friends.