Key Takeaway
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.
Understanding EUO Timing Requirements in No-Fault Insurance Cases
Examinations Under Oath (EUOs) are a critical tool for insurance companies investigating no-fault claims, but they must be properly and timely requested. A recent appellate decision highlights an important limitation on insurers’ ability to compel EUOs when they fail to act within statutory timeframes.
The timing of EUO requests has been a contentious issue in New York No-Fault Insurance Law. Insurance companies often attempt to schedule EUOs as part of their claims investigation process, but they must comply with specific procedural requirements. When insurers delay too long in making these requests, they may lose the right to compel attendance entirely.
This principle becomes particularly relevant when considering the broader context of EUO enforcement. As we’ve seen in other cases, EUO objections may sometimes be futile, but insurers must first establish their right to request the examination. Similarly, understanding what happens when claimants don’t appear for properly scheduled EUOs helps clarify the stakes involved in these procedural requirements.
Jason Tenenbaum’s Analysis:
Excel Prods., Inc. v Farmington Cas. Co., 2021 NY Slip Op 50441(U)(App. Term 2d Dept. 2021)
I was just discussing Dowd. Then you have this: “Contrary to defendant’s contention, defendant failed to demonstrate that it was entitled to summary judgment dismissing the complaint based on plaintiff’s failure to appear for EUOs, since the initial EUO request to plaintiff had been sent more than 30 days after defendant had received the claims at issue and, therefore, the requests were nullities as to those claims…”
Put aside the need to timely deny – I agree with Unitrin on that point. This is a proper statement of law. How can you cooperate with a bill that is overdue?
Key Takeaway
The Excel Products decision reinforces that EUO requests sent more than 30 days after an insurer receives claims are legally invalid. This timing requirement protects claimants from delayed investigation tactics and ensures insurers act promptly in their claims handling procedures.
