Key Takeaway
Court ruling on EUO no-shows in NY no-fault insurance: Kemper v Cornerstone Chiropractic establishes precedent for coverage denials when claimants fail to appear.
Kemper Independence Ins. Co. v Cornerstone Chiropractic, P.C., 2020 NY Slip Op 03876 (1st Dept. 2020)
“The claimants’ failure to subscribe and return the transcripts of their examinations under oath (EUOs) violated a condition precedent to coverage and warranted denial of the claims (see Hereford Ins. Co. v Forest Hills Med., P.C., 172 AD3d 567 ). This is so notwithstanding plaintiff’s failure to present proof of proper delivery of the denials (see Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC, 82 AD3d 559, 560 , lv denied 17 NY3d 705 ).
Plaintiff is entitled to summary judgment on the additional ground that defendants failed to appear at two scheduled EUOs (see Hertz Vehs. LLC v Significant Care, PT, P.C., 157 AD3d 600 ; Mapfre Ins. Co. of N.Y. v Manoo, 140 AD3d 468 , appeal withdrawn 29 NY3d 995 ). Considering the brevity of the delay and JS’s ultimate failure to appear, we find that plaintiff’s “one-day tardiness in issuing its follow-up request for the EUO scheduled for” JS was “a technical defect excusable under 11 NYCRR 65-3.5(p)” (Z.M.S. & Y. Acupuncture, P.C. v Geico Gen. Ins. Co., 56 Misc 3d 926, 930 ).”
65-3.5(p) – was this what DFS mean?
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- How to Challenge EUO No-Show Denials: When Improper Notice Can Reverse Insurance Denials in New York
- EUO No-Show Consequences: What Happens When You Skip Your Examination Under Oath in New York
- Personal Knowledge Requirements for EUO Non-Appearances: NY Legal Standards
- New York No-Fault Insurance Law
