Key Takeaway
NY appellate court reaffirms EUO scheduling deadlines in no-fault insurance cases, highlighting consequences when insurers fail to meet statutory timing requirements.
Understanding EUO Scheduling Requirements in New York No-Fault Insurance Cases
Examinations Under Oath (EUOs) are critical tools insurance companies use to investigate no-fault insurance claims. However, these examinations must be scheduled within specific timeframes established by New York law. The recent Healthway Med. Care, P.C. v American Commerce Ins. Co. decision provides another clear example of how courts consistently enforce these scheduling deadlines.
The timing requirements for EUO scheduling create a crucial window of opportunity — and potential pitfall — for insurance carriers. When insurers fail to comply with statutory deadlines, the consequences can be severe, including the complete nullification of EUO requests. This case demonstrates how New York No-Fault Insurance Law continues to evolve through appellate decisions that reinforce existing precedent.
Understanding these timing requirements is essential for both healthcare providers and insurance companies operating in New York’s no-fault system. The consistency of appellate rulings on this issue shows that courts take these deadlines seriously.
Jason Tenenbaum’s Analysis:
Healthway Med. Care, P.C. v American Commerce Ins. Co., 2018 NY Slip Op 50733(U)(App. Term 2d Dept. 2018)
“However, plaintiff correctly argues on appeal that defendant failed to demonstrate that it [*2]was entitled to summary judgment dismissing the complaint based on plaintiff’s failure to appear for EUOs, as the initial EUO request had been sent more than 30 days after defendant had received the claims at issue and, therefore, the requests were nullities as to those claims”
No matter how many times you try to appeal the same issue of law, the same result happens. Yet, under First Department precedent (Unitrin v. All of NY), the failure to mail the EUO letter within 15-calendar days of receipt of the bill is fatal.
Key Takeaway
The Healthway decision reinforces the strict enforcement of EUO scheduling deadlines in New York no-fault cases. When insurance companies miss the 30-day window (or 15-day window under First Department precedent), their EUO requests become nullities, potentially eliminating their ability to defend against claims based on EUO no-show arguments.
