Bronx Chiropractic Care, P.C. v State Farm Ins., 2019 NY Slip Op 51041(U)(App. Term 2d Dept. 2019)
“We note that neither defendant’s transmittal of the claims from one of its offices to another of its offices nor the location of the office within which the timely EUO scheduling letters were generated raises a triable issue of fact.”
Oleg’s Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co., 2019 NY Slip Op 51045(U)(App. Term 2d Dept. 2019)
“We note that an EUO request letter which lists a contact at defendant’s law firm which is different from the attorney at the same law firm signing the otherwise sufficient affirmation of nonappearance of plaintiff at the duly scheduled EUO does not raise a triable issue of fact. “
One Response
Appellate term refuses to have state farm conform its affidavits. Every state Farm defense firm has its own version of the mailing affidavit. Some firms attaches seven while some barely one. Which procedure is it. Appellate term gives to much leeway to the defendants out of state mailing affidavits.