BNE Clinton Med., P.C. v State Farm Mut. Auto Ins. Co., 2021 NY Slip Op 50083(U)(App. Term 2d Dept. 2020)
“Plaintiff’s contention that defendant failed to make a prima facie showing of its entitlement to summary judgment because defendant did not show that it had timely mailed “prescribed forms” upon learning of the accident (see 11 NYCRR 65-3.4) lacks merit, as such a showing is not part of an insurer’s prima facie burden when seeking summary judgment on the ground that a provider or the provider’s assignor failed to appear for duly scheduled EUOs (see Interboro Ins. Co. v Clennon, 113 AD3d 596, 597 [2014]).”
Prescribed forms are not part of the no-show
