Key Takeaway
Court reverses ruling on defective EUO scheduling letters, emphasizing that failing to attend examinations under oath carries serious consequences for no-fault insurance claims.
Understanding the Risks of Missing Your Examination Under Oath
Under New York No-Fault Insurance Law, insurance companies have the right to require claimants to attend an Examination Under Oath (EUO) as part of their investigation process. These sworn examinations allow insurers to gather additional information about claims and verify their legitimacy. While claimants may sometimes object to EUO scheduling letters for various procedural reasons, a recent appellate court decision serves as a stark reminder that skipping these examinations can have devastating consequences.
The stakes are particularly high because failing to appear at a properly scheduled EUO can result in the complete denial of your no-fault benefits claim. This outcome occurs regardless of the underlying merits of your case. Insurance companies are well aware of these consequences and often use EUO requirements strategically in their claims handling process. As we’ve seen in various Allstate cases, even when claimants believe they have valid objections to the scheduling process, courts frequently side with insurers when claimants simply fail to appear.
Jason Tenenbaum’s Analysis:
Accelerated Med. Supply, Inc. v Ameriprise Ins. Co., 2020 NY Slip Op 50741(U)(App. Term 2d Dept. 2020)
In an order dated April 12, 2017, the District Court denied defendant’s motion, finding that the letters scheduling the EUOs of plaintiff were defective because they did not specify the claims to which the letters pertained, and the court granted plaintiff’s cross motion”.
Reversed.
I mean in the scheme of things, if you decide not to attend an EUO, you really do so at your own peril.
Key Takeaway
This case demonstrates that even when lower courts find procedural defects in EUO scheduling letters, appellate courts may still reverse those decisions in favor of insurance companies. The overarching principle remains clear: objections to EUOs may prove futile if you don’t attend, and the consequences of non-appearance typically outweigh any potential procedural arguments you might have.
