Key Takeaway
Recent New York appellate cases reinforce that insurance companies must schedule EUOs within 30 days of receiving no-fault claims to preserve their right to examination.
Timeliness Requirements for EUO Scheduling Continue to Trip Up Insurers
Insurance companies operating under New York’s no-fault law must navigate strict procedural requirements when seeking to examine healthcare providers under oath. One of the most fundamental requirements is the timing of Examination Under Oath (EUO) requests. Recent appellate decisions demonstrate that insurers continue to struggle with this basic procedural hurdle, often losing their right to conduct these examinations entirely due to delayed scheduling.
The 30-day rule for EUO scheduling serves as a critical protection for healthcare providers in the no-fault system. When insurers fail to promptly schedule examinations, they risk waiving their discovery rights entirely. This procedural safeguard ensures that legitimate claims move forward efficiently while preventing insurers from using delayed examination requests as a stalling tactic.
These timing issues have become increasingly important as courts scrutinize insurer conduct more closely. For providers who face EUO objections or examination requests, understanding these timing requirements can be crucial to their defense strategy.
Jason Tenenbaum’s Analysis:
Sama Physical Therapy, P.C. v IDS Prop. Cas. Ins. Co., 2017 NY Slip Op 51751(U)(App. Term 2d Dept. 2017)
Recover Med. Servs., P.C. v Ameriprise Ins. Co., 2017 NY Slip Op 51892(U)(App. Term 2d Dept. 2017)
Active Care Med. Supply Corp. v Ameriprise Auto & Home, 2017 NY Slip Op 51835(U)(App. Term 2d Dept. 2017)
Neptune again..
(From Sama)
“Defendant’s moving papers failed to establish that the first EUO scheduling letter that defendant had sent to plaintiff was timely with respect to the claims underlying the first and second causes of action, as defendant stated that the letter had been sent more than 30 days after defendant had received those claims”
Key Takeaway
These three appellate decisions reinforce a fundamental principle in New York no-fault insurance law: insurers must schedule EUOs within 30 days of receiving claims. When insurers admit to sending scheduling letters beyond this timeframe, courts will find the EUO requests untimely and deny coverage defenses based on examination failures.
