Key Takeaway
New York appellate court clarifies when certified EUO transcripts establish non-appearance, highlighting the importance of personal knowledge in affidavit testimony.
Understanding Certified Transcripts in No-Fault Insurance Claims
In New York No-Fault Insurance Law, Examinations Under Oath (EUOs) serve as critical tools for insurance companies to investigate claims and prevent fraud. When an assignor fails to appear for a scheduled EUO, insurers must prove this non-appearance to successfully defend against claims. The question of what evidence sufficiently establishes non-appearance has important implications for both insurers and healthcare providers.
A recent appellate decision highlights the evidentiary standards courts apply when reviewing claims of EUO non-appearance. The case involved an insurance company’s attempt to prove that a claimant failed to appear for not one, but two scheduled EUOs. Understanding how courts evaluate this type of evidence is crucial for practitioners handling EUO-related disputes in the no-fault insurance context.
The decision also touches on broader questions about affidavit testimony and the circumstances under which certified transcripts become meaningful evidence rather than mere documentation.
Jason Tenenbaum’s Analysis:
July, P.T., P.C. v Metropolitan Group Prop. & Cas. Ins., 2022 NY Slip Op 50302(U)(App, Term 2d Dept. 2022)
“Contrary to plaintiff’s sole contention on appeal, the affidavit by defendant’s special investigator who was scheduled to conduct the EUOs, accompanied by certified transcripts of the EUOs, established that the assignor had failed to appear at either of the EUOs”
As I now understand the law, the certified transcript is useless unless a credibility challenge exists as to the affiant’s personal knowledge of what occurred?.
Key Takeaway
This decision demonstrates that certified transcripts of EUOs, when properly supported by affidavit testimony from someone with personal knowledge, can effectively establish non-appearance. However, the transcripts alone are insufficient—they must be accompanied by testimony from an individual who was present and can personally attest to the assignor’s failure to appear. This underscores the importance of proper documentation and witness testimony in no-fault insurance litigation.
Common Questions
Frequently Asked Questions
What is New York's no-fault insurance system?
New York's no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. This pays for medical expenses and lost wages regardless of who caused the accident, up to policy limits. However, you can only sue for additional damages if you meet the 'serious injury' threshold.
