RX for You v Nationwide Ins. Co. of Am., 2021 NY Slip Op 51171(U)(App. Term 2d Dept. 2021)
“Upon a review of the record, we find that a triable issue of fact exists as to whether the EUOs were scheduled to be held at a place which was “reasonably convenient” to plaintiff (see 11 NYCRR 65-3.5 [e]; Parisien v Metlife Auto & Home, 68 Misc 3d 126[A], 2020 NY Slip Op 50845[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]). In addition, there is also an issue of fact as to whether, prior to the EUO scheduled for October 14, 2016, the parties mutually agreed to reschedule the EUO (see DVS Chiropractic, P.C. v Interboro Ins. Co., 36 Misc 3d 138[A], 2012 NY Slip Op 51443[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012]).”
This has made me thing, when is an EUO reasonable convenient? I ask this because if the EIP lives in NJ and the EUO is scheduled in Long Island, does that automatically make the EUO unreasonable? Or, does this follow the paradigm that if the Assignor asks for an accommodation and one is not given, the EUO attempt violated 3.5(e)? Since there was back and forth, I am thinking this is a situation where law firm said they want the EUO at a certain place and too bad, this is where it is happening,
Lastly, in the world of Zoom depos, is this problem alleviated by getting a zoom link and/or meeting info and putting it in the letter with instructions to contact the law firm if they are not technically savvy and want to appear at a depo center where the virtual depo can take place?
