Actual Chiropractic, P.C. v State Farm Ins., 2019 NY Slip Op 51552(U)(App. Term 2d Dept 2019)
“Contrary to plaintiff’s contention, defendant was not required to set forth objective reasons for requesting the EUOs in order to establish its prima facie entitlement to summary judgment, as an insurer need only demonstrate “as a matter of law that it twice duly demanded an [EUO] from the [provider] . . . that the [provider] twice failed to appear, and that the [insurer] issued a timely denial of the claim[]”
Well heck, where have we seen this before? Appealing the same issue and expecting different results? Definition of insanity?