Key Takeaway
Court clarifies that insurers can deny claims after second EUO no-show, with implications for providers who miss multiple examination appointments in complex cases.
This article is part of our ongoing euo issues coverage, with 197 published articles analyzing euo issues issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
When a healthcare provider repeatedly fails to appear for Examinations Under Oath (EUOs) in New York no-fault insurance cases, insurers gain significant leverage to deny claims. A recent appellate decision provides crucial guidance on when the clock starts ticking for insurance companies to make their coverage decisions, particularly in cases involving multiple no-shows.
The timing of EUO compliance has become increasingly important as insurers use these examinations as a primary tool to investigate potentially fraudulent claims. Understanding when a “failure to comply” becomes legally operative can mean the difference between payment and denial for healthcare providers seeking reimbursement under New York’s no-fault system.
This case highlights the complex interplay between procedural requirements and substantive coverage decisions, especially when EUO objections may prove futile and providers face multiple examination requests.
Jason Tenenbaum’s Analysis:
Quality Health Supply Corp. v Nationwide Ins., 2020 NY Slip Op 51226(U)(App. Term 2d Dept. 2020)
“Where, as here, no other verification request is outstanding (see Alev Med. Supply, Inc. v New York Cent. Mut. Fire Ins. Co., 38 Misc 3d 143, 2013 NY Slip Op 50258 ), the 30-day period for an insurer to pay or deny a claim (see 11 NYCRR 65-3.8 ) based upon a failure to appear for an EUO begins to run on the date of the second EUO nonappearance, when an insurer is permitted to conclude that there [*2]was a failure to comply with a condition precedent to coverage”.
This one is interesting because there were three (3) no shows. Assuming the second EUO was a reschedule, we are left to assume the third EUO would have been the “second” no-show. It would appear the movant in this weird situation would have to proffer evidence that the second EUO was somehow excused. Very interestging.
Key Takeaway
The court established that insurers can begin their 30-day decision period after the second EUO no-show, not the first. This creates strategic implications for providers facing multiple examination requests, as they must be prepared to explain why any missed appointment was excused, particularly when dealing with cases involving repeated non-appearances.
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Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
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More EUO issues Analysis
EUO No-Show: Attorney Affirmation Sufficient Despite Time Lapse Between No-Shows and Execution
Appellate Term reverses Civil Court, holding that an attorney's affirmation attesting to plaintiff's failure to appear at EUOs was sufficient despite a 'significant lapse in time.'...
Feb 25, 2026EUO no-show – correct statement of law
Court ruling clarifies that insurers cannot enforce EUO requests sent more than 30 days after receiving claims, making late requests nullities under New York no-fault law.
May 22, 2021Walking out of an EUO leads to a disclaimer and a whole lot more
Walking out of an EUO leads to disclaimer and coverage denial. Court rules insured who departed mid-examination breached policy conditions in NY no-fault case.
Jul 17, 2014EUO No-Show Legal Issues: Notice Requirements and Your Rights in Long Island and NYC
Excel Imaging case analysis: EUO no-show notice requirements in Long Island & NYC. Protect your no-fault insurance rights. Call 516-750-0595 for legal help.
Jan 27, 2012Dilemma and dogma
Court ruling on EUO timing requirements in NY no-fault cases - insurer failed to prove compliance with 15-day deadline for examination under oath notices.
Jun 30, 2018Timely EUO viz GCL 25-a
Court decisions on EUO timing requirements under GCL 25-a when 10th day falls on Sunday, including analysis of follow-up request strategies.
Mar 21, 2016Common Questions
Frequently Asked Questions
What is an Examination Under Oath (EUO) in no-fault insurance?
An EUO is a sworn, recorded interview conducted by the insurance company's attorney to investigate a no-fault claim. The insurer schedules the EUO and asks detailed questions about the accident, injuries, treatment, and the claimant's background. Under 11 NYCRR §65-3.5(e), appearing for the EUO is a condition precedent to receiving no-fault benefits — failure to appear can result in claim denial.
What happens if I miss my EUO appointment?
Missing an EUO (known as an EUO 'no-show') can result in denial of your no-fault benefits. However, insurers must follow strict procedural requirements: they must send two scheduling letters by certified and regular mail, provide adequate notice, and submit a timely denial based on the no-show. If the insurer fails to comply with these requirements, the denial can be overturned at arbitration or in court.
What questions will be asked at a no-fault EUO?
EUO questions typically cover your personal background, employment history, the circumstances of the accident, your injuries and symptoms, treatment received, prior accidents or injuries, and insurance history. The insurer's attorney may also ask about your daily activities and financial arrangements with medical providers. You have the right to have your attorney present, and your attorney can object to improper questions.
Can an insurance company require multiple EUOs for the same claim?
Yes, under 11 NYCRR §65-3.5(e), an insurer may request additional EUOs as reasonably necessary to investigate a claim. However, repeated EUO requests may be challenged as harassing or unreasonable. Courts have found that insurers cannot use EUOs as a tool to delay claims indefinitely. Each EUO request must be properly noticed with adequate time for the claimant to appear.
Do I have the right to an attorney at my EUO?
Yes. You have the right to have an attorney represent you at an EUO, and it is strongly recommended. Your attorney can prepare you for the types of questions asked, object to improper or overly broad questions, and ensure the insurer follows proper procedures. Having experienced no-fault counsel at your EUO can help protect your claim from being unfairly denied.
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About the Author
Jason Tenenbaum, Esq.
Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.
Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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