Untimely EUO demands

Understanding the 30-Day Rule for Examination Under Oath Requests

In New York’s no-fault insurance system, insurance companies have specific timeframes within which they must act to preserve their rights to conduct examinations under oath (EUO). The recent decision in LMS Acupuncture, P.C. v Titan Ins. Co reinforces a critical timing requirement that can make or break an insurer’s ability to challenge claims through the EUO process.

Under New York No-Fault Insurance Law, insurance companies must comply with strict regulatory deadlines when requesting examinations under oath from healthcare providers or claimants. When insurers fail to meet these deadlines, the consequences can be severe - their EUO requests may be deemed complete nullities, effectively waiving their right to conduct such examinations.

This timing issue is particularly significant because EUO objections can sometimes be futile if procedural requirements aren’t met. Healthcare providers and attorneys should be aware that when insurers miss critical deadlines, it can provide strong grounds for challenging the validity of EUO demands.

Jason Tenenbaum’s Analysis:

LMS Acupuncture, P.C. v Titan Ins. Co., 2017 NY Slip Op 51229(U)(App. Term 2d Dept, 2017)

“Plaintiff correctly argues on appeal that defendant failed to demonstrate that it was entitled to summary judgment dismissing the first through third causes of action, as the EUO requests at issue had been sent more than 30 days after defendant had received the claims underlying those causes of action, and, therefore, the requests were nullities with respect to those claims ”

The number is 30. 65-3.8(l); 65-3.5(b)

Key Takeaway

Insurance companies must send EUO requests within 30 days of receiving no-fault claims, as mandated by Insurance Regulations 65-3.8(l) and 65-3.5(b). When insurers exceed this deadline, their EUO requests become nullities, meaning they lose the right to conduct examinations under oath for those specific claims. This strict timing requirement provides important protection for healthcare providers and can serve as a powerful defense against untimely EUO demands.

Legal Update (February 2026): Since this post’s publication in 2017, New York’s no-fault regulations governing EUO timing requirements may have been subject to amendments or clarifications through regulatory updates or appellate decisions. Practitioners should verify current provisions of 11 NYCRR sections 65-3.5 and 65-3.8 to ensure compliance with any modified deadlines or procedural requirements for EUO demands.