Parisien v Travelers Ins. Co., 2022 NY Slip Op 50622(U)(App. Term 2d Dept. 2022)
“Contrary to plaintiff’s sole contention with respect to defendant’s motion, plaintiff’s letters, which improperly demanded that defendant agree to pay a flat up-front fee of $5,000 as a condition for plaintiff to attend the EUOs scheduled by defendant (see Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co., 51 Misc 3d 143[A], 2016 NY Slip Op 50698[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016]) as well as sought to repeatedly reschedule the EUOs to unspecified dates two months later, were insufficient to demonstrate the existence of an issue of fact as to whether the EUOs were scheduled at reasonably convenient times.”
Well there are two issues here. First, you cannot demand pre-payment. I am unsure if I agree with that notion. In the expert witness deposition paradigm, I can tell you in State Court in Florida, Courts regularly order prepayment upon appropriate motion. I do not see why a provider can’t file a properly supported declaratory judgment action to address the payment issue. I also wonder how many EUOs a carrier gets of a provider in light of the First Department’s objective basis analysis?
