Key Takeaway
New York court ruling on mutual EUO rescheduling: why agreed postponements don't constitute failure to appear under no-fault insurance law.
Apple Massage Therapy, P.C. v Adirondack Ins. Exch., 2017 NY Slip Op 50935(U)(App. Term 2d Dept. 2017)
“According to the affidavit submitted by defendant in support of its motion, the initial EUO had been rescheduled two times by mutual agreement, each time prior to the scheduled date. We do not consider a mutual rescheduling, which occurs prior to the date of a scheduled [*2]EUO, to constitute a failure to appear (see Vitality Chiropractic, P.C. v Kemper Ins. Co., 14 Misc 3d 94 ). Consequently, as defendant did not demonstrate that there had been a failure to appear at both an initial and a follow-up EUO, defendant did not establish as a matter of law that plaintiff had failed to comply with a condition precedent to coverage (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 ; Avicenna Med. Arts, P.L.L.C. v Ameriprise Auto & Home, 47 Misc 3d 145, 2015 NY Slip Op 50701 ; DVS Chiropractic, P.C. v Interboro Ins. Co., 36 Misc 3d 138, 2012 NY Slip Op 51443 ). As a result, the branch of defendant’s motion seeking summary judgment dismissing the complaint based upon the assignor’s failure to appear at two duly scheduled EUOs should have been denied.”
Mutual rescheduling issues apparent from the fact of the documents.
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
- EUO No-Show Consequences: What Happens When You Skip Your Examination Under Oath in New York
- Personal Knowledge Requirements for EUO Non-Appearances: NY Legal Standards
- New York No-Fault Insurance Law
