In-depth legal analysis from Attorney Jason Tenenbaum — covering court rulings, legal standards, and practical guidance on euo issues under New York law.
Expert Analysis
The Examination Under Oath is one of the most frequently litigated issues in New York no-fault practice. Insurers use EUO requests to investigate claims, but the procedural requirements — timely scheduling, proper notice, personal knowledge affidavits for no-shows, and the distinction between conditions precedent and affirmative defenses — generate constant litigation. These articles analyze the case law governing when an EUO no-show justifies claim denial, what constitutes proper scheduling, and how courts evaluate insurer compliance with the regulatory framework.
Read Our EUO issues Articles
Frequently Asked Questions
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.
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.
If you miss an EUO, contact the insurer or your attorney immediately to reschedule. Under no-fault regulations, the insurer must generally provide two opportunities to attend before denying claims. If you had a valid reason for missing — such as a medical emergency or lack of proper notice — document it thoroughly, as this can help defeat a no-show denial at arbitration or in court.
The insurer must mail EUO scheduling letters by both certified mail and regular mail to the claimant's last known address. Courts require strict compliance with these mailing procedures. If the insurer cannot prove proper mailing through office procedure affidavits and supporting documentation like certified mail receipts, the EUO no-show denial may be overturned. Deficient proof of mailing is one of the most common reasons denials are reversed.
After the claimant fails to appear at a properly scheduled EUO, the insurer must issue a denial within 30 days under 11 NYCRR §65-3.8(c). If the insurer waits longer than 30 days to deny, the denial is untimely and the insurer is precluded from asserting the EUO no-show as a basis for denial. Timeliness of the denial is a frequently litigated issue in no-fault EUO cases.
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.
EUO no-show – correct statement of law — Read Article →
New York court ruling on EUO transcript admissibility under the "New York doctrine" - when examination under oath testimony is inadmissible as hearsay in no-fault cases.
The EUO is not admissible? — Read Article →
Pavlova v Nationwide case establishes insurers can mail EUO notices directly to assignors, bypassing attorneys - concerning precedent for NY no-fault claims.
It did not have to be mailed to the attorney — Read Article →
Court clarifies that insurers don't need to prove they mailed prescribed forms when seeking summary judgment for provider EUO no-shows in New York no-fault cases.
Prescribed forms are not part of the no show — Read Article →
New York court ruling clarifies that insurance companies don't need objective reasons to request examinations under oath in no-fault cases, creating legal precedent.
Objective standards — Read Article →Need Legal Guidance?
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Court clarifies that insurers can deny claims after second EUO no-show, with implications for providers who miss multiple examination appointments in complex cases.
The second EUO no-show is operative — Read Article →
Court ruling on EUO no-shows in NY no-fault insurance: Kemper v Cornerstone Chiropractic establishes precedent for coverage denials when claimants fail to appear.
EUO no show again — Read Article →
Court reverses ruling on defective EUO scheduling letters, emphasizing that failing to attend examinations under oath carries serious consequences for no-fault insurance claims.
Not attending an EUO at your own peril — Read Article →
Court ruling clarifies NF-10 denial forms don't need specific EUO dates, highlighting inconsistent First Department decisions in no-fault insurance cases.
A valid NF-10 — Read Article →
Learn about EUO requirements in New York no-fault insurance cases. Expert legal guidance from experienced attorneys. Call 516-750-0595 for consultation.
Understanding EUO Requirements in New York No-Fault Insurance Cases — Read Article →
Learn how to challenge EUO no-show denials when insurance companies fail to prove proper notice. Expert legal strategies for NY cases. Call 516-750-0595.
How to Challenge EUO No-Show Denials: When Improper Notice Can Reverse Insurance Denials in New York — Read Article →
Missing your EUO can destroy your insurance claim. Learn the serious consequences of EUO no-shows in NY and how to protect your rights. Call 516-750-0595.
EUO No-Show Consequences: What Happens When You Skip Your Examination Under Oath in New York — Read Article →
Learn when NY insurance companies can demand EUOs without objective basis. Expert analysis of Actual Chiropractic v State Farm. Call 516-750-0595.
Insurance Company EUO Requirements: When No Objective Basis is Necessary – New York No-Fault Law — Read Article →
Master EUO bust statements in NY no-fault insurance cases. Expert legal analysis of procedural requirements & common mistakes. Call 516-750-0595 for help.
EUO Bust Statement Best Practices: New York No-Fault Insurance Defense — Read Article →
Learn NY EUO timing requirements and when examination under oath demands are untimely. Expert analysis of Zen Acupuncture case. Call 516-750-0595.
New York EUO Requirements: When Examination Under Oath Demands Are Untimely — Read Article →
New York court clarifies that EUO scheduling letters sent by regular mail are sufficient - certified mail is not required for valid examination under oath notices.
Certified Mail and Regular Mail — Read Article →
New York court clarifies that insurers don't need to provide objective reasons for EUO requests when seeking summary judgment for provider no-shows.
An objective standard is not necessary — Read Article →
Learn about important EUO procedural holdings in New York no-fault insurance cases. Expert analysis of Bronx Chiropractic and Oleg's Acupuncture decisions. Call 516-750-0595.
Helpful holdings — Read Article →
Learn about EUO and IME non-appearance defenses in New York no-fault insurance cases. Expert analysis of Island Life and Alas Lifespan decisions. Call 516-750-0595.
Triable issue of fact as to non-appearance? — Read Article →
Learn why DFS does not approve improper EUO disclaimer practices in NY no-fault insurance. Expert legal analysis from experienced Long Island lawyers. Call 516-750-0595.
Understanding New York No-Fault Insurance EUO Requirements: Why DFS Does Not Approve Improper Disclaimers — Read Article →
Recent New York appellate decisions clarify EUO requirements for no-fault insurers, addressing standards for summary judgment and procedural compliance issues.
EUOs — Read Article →
Learn about Examination Under Oath (EUO) requirements in NY personal injury cases. Expert legal guidance on EUO procedures. Call 516-750-0595.
Understanding Examination Under Oath (EUO) Requirements in New York Personal Injury Cases — Read Article →
New York court reaffirms established EUO timing rules in First Class Med. v Ameriprise, confirming that proper EUO requests toll insurer payment deadlines under existing Arco...
Provider EUO requests — Read Article →
Learn EUO summary judgment requirements in NY no-fault cases. What insurance companies must prove vs. what they don't. Call 516-750-0595 for help.
EUO Summary Judgment Requirements New York – What Insurers Must Prove — Read Article →
Learn about EUO requirements in New York no-fault insurance. When carriers don't need justification. Call 516-750-0595 for expert legal help.
EUO Requirements NY: When Insurance Justification Not Required — Read Article →
New York no-fault insurance case where provider lost benefits for failing to appear at EUO. Court ruled insurer met burden for summary judgment dismissal.
The provider must show up — Read Article →
New York court ruling on EUO timing requirements and toll provisions for no-fault insurance claims, addressing when scheduling letters affect subsequent bills.
Provider EUO letter – serve to delay the bills — Read Article →
Court rules insurance companies don't need objective reasons to request EUOs, only proper notice and proof of non-appearance for claim denial.
Objective basis? — Read Article →
Court rules EUO request sent over 30 days after claim receipt is invalid, reinforcing strict timing requirements in New York no-fault insurance cases.
Timely EUO denial — Read Article →
Recent NY court rulings clarify insurers don't need objective reasons to request EUOs when proving no-show defense, though proper objections can change this dynamic.
Objective reasons not necessary to prove an EUO no-show defense — Read Article →
NY appellate court ruling on EUO no-show requirements: insurers must prove two proper demands, two failures to appear, and timely denial for summary judgment.
A basic EUO no-show — Read Article →
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.
Dilemma and dogma — Read Article →
NY court rules insurers don't need objective reasons for EUO requests when providers fail to appear, but questions remain about remedies after valid excuses.
EUO no-show case/objective reasons not necessary/ what's next? — Read Article →
NY appellate court cases showing inadequate office practice affidavits fail to prove proper mailing of EUO letters, IME notices, and claim denials.
What happened to those EUO letters? What happened to the IME letters? Where are those denials? — Read Article →
Court rules insurance company failed to prove assignor's EUO non-appearance with personal knowledge testimony, highlighting burden of proof requirements in no-fault cases.
Where was the partner? — Read Article →
NY appellate court reaffirms EUO scheduling deadlines in no-fault insurance cases, highlighting consequences when insurers fail to meet statutory timing requirements.
Neptune EUO scheduling rule on display again — Read Article →
Court ruling on Unitrin v All of NY case shows how declaratory judgment for EUO non-compliance failed due to untimely notice requirements under NY no-fault law.
DJ went south — Read Article →
New York court upholds insurer's declaratory judgment after claimant's EUO no-show, confirming proper notice requirements and compliance with scheduling regulations.
EUO no-show: Declaratory Judgment substantiated — Read Article →
Court ruling establishes that late follow-up EUO scheduling letters void claim denials, creating split with other decisions on no-fault insurance timing requirements.
There is no safety valve for a late follow-up — Read Article →
Court clarifies delay letter requirements under 11 NYCRR 65-3.6(b), ruling insurers only must notify attorneys when seeking verification from third parties, not plaintiffs.
No need to send letter to attorney — Read Article →
Court dismisses no-fault case where provider called wrong investigator and phone number for EUO rescheduling, highlighting importance of following exact instructions.
Charley Deng called the wrong number — Read Article →
Recent New York appellate cases reinforce that insurance companies must schedule EUOs within 30 days of receiving no-fault claims to preserve their right to examination.
Timeliness of the EUO relative to the billings (again) — Read Article →
Analysis of St. Locher Med. v IDS case on proving EUO no-shows and potential legal strategies for challenging insurance carrier documentation in New York no-fault claims.
Proof of no-show? — Read Article →
Court ruling clarifies insurers don't need objective reasons for EUO requests, but leaves unresolved what happens when medical providers object to examinations under oath.
Non objected to EUO — Read Article →
Sharp View Diagnostic Imaging v Esurance case highlights ongoing issues with EUO no-show claims and the distinction between bill delay letters and verification requests in NY...
EUO no-show sustained, again — Read Article →
New York court ruling on EUO counsel's attorney-client privilege when serving dual investigator roles in insurance cases - key precedent for discovery disputes.
When EUO counsel is not an attorney — Read Article →
New York Court clarifies 30-day rule for EUO requests in no-fault insurance cases, declaring untimely demands nullities under Insurance Regulations 65-3.8(l) and 65-3.5(b).
Untimely EUO demands — Read Article →
Allstate's procedural errors in EUO scheduling led to an untimely claim denial in this New York no-fault insurance case, highlighting the importance of strict compliance with...
Sloppy EUO practice comes back to haunt Allstate — Read Article →
New York court ruling on mutual EUO rescheduling: why agreed postponements don't constitute failure to appear under no-fault insurance law.
Mutual rescheduling issues — Read Article →
New York court rules EUO scheduling was untimely and rescheduling prevents valid no-show claims in no-fault insurance case, establishing key precedent for providers.
EUO is untimely and not a double no-show — Read Article →
Court rules insurance company's EUO defense was precluded due to untimely scheduling letter sent more than 30 days after receiving claims, highlighting critical timing...
An EUO defense that was precluded — Read Article →
Court rules that law firm partner's affirmation lacks personal knowledge to prove EUO no-show, highlighting burden of proof requirements in no-fault insurance cases.
Where was the partner? Not at the office — Read Article →
EUO letter to assignor tolls time to pay or deny no-fault claims. Key requirements: timely EUO scheduling letter plus delay notice to provider.
EUO letter to Assignor did toll time to pay or deny — Read Article →
Court upholds EUO no-show denial despite objection letters that weren't properly mailed. Analysis of when objection letters can block valid EUO requests in NY no-fault cases.
No-show based upheld despite objection – with a caveat — Read Article →
New York court ruling clarifies that insurers don't need objective reasons to request EUOs, only proper notice and documentation of provider's failure to appear.
Objective reasons? — Read Article →
Attorney Jason Tenenbaum analyzes a driver EUO case involving contradictory testimony about a livery vehicle accident, highlighting patterns in commercial insurance investigations.
Driver EUO — Read Article →
Court rejects distinction between EUO no-shows before and after claim submission, reinforcing uniform contractual remedy standards in no-fault insurance disputes.
Fogel again- — Read Article →
J.K.M. Med. Care v Ameriprise: Court rules on EUO scheduling requirements, malpractice implications, and assignment timing in New York no-fault insurance case.
Another EUO bonanza — Read Article →
Ameriprise's appeal backfires as court rules late EUO scheduling letters are nullified, showing how insurers' procedural mistakes can benefit healthcare providers in no-fault...
A feckless appeal by Ameriprise — Read Article →
Court clarifies that EUO scheduling letters must be sent within 30 days of claim receipt, reinforcing timing requirements under New York no-fault insurance law.
Timely EUO letters — Read Article →
Appellate Term reinforces that failing to appear for EUO is unconditional bar to coverage, rejecting Civil Court's attempt to allow second chance for medical provider.
EUO no show is unconditional — Read Article →
Insurance company loses summary judgment motion for failing to provide proper proof of plaintiff's non-appearance at examination under oath hearing.
EUO loss (again) — Read Article →
NY court rules EUO scheduling letter dates need not be included in denial forms. Case law analysis on no-fault insurance EUO notice requirements.
The dates of the EUO's do not need to be placed in the letters — Read Article →
Discovery of false statements about prior injuries after case filing can warrant additional examinations under oath, potentially leading to coverage disclaimer.
False statement about prior injuries warrants further discovery — Read Article →
Court reinforces proper procedures for proving EUO no-shows in no-fault insurance cases, citing established precedent on certified transcripts and mailing requirements.
EUO no-show substantiated again — Read Article →
Court rules insufficient proof of proper EUO notice and no-show in Liberty Mutual v K.O. Med case, highlighting critical requirements for no-fault insurance denials.
Proof insufficient to comply with 65-3.5(b), 65-3.6(b) — Read Article →
Court ruling clarifies that healthcare providers who fail to respond to EUO requests cannot later challenge their reasonableness, waiving discovery rights in no-fault litigation.
EUO no show – discovery is waived when objection not lodged — Read Article →
Court ruling on EUO no-shows: mutual rescheduling between two missed examinations under oath still constitutes valid grounds for denial in New York no-fault cases.
Mutual rescheduling in between two no shows – valid — Read Article →
Learn how EUO bust statements can serve as admissible business records in NY no-fault insurance cases, including court analysis and practical litigation tips.
The EUO bust statement as a business record — Read Article →
New York appellate court decisions clarify evidence requirements for proving IME and EUO no-shows in no-fault insurance disputes through sworn affidavits.
IME/EUO no-show substantiated (First Department). — Read Article →
Court upholds no-fault insurer's EUO denial after provider failed to challenge examination requests. Key ruling on EUO justification requirements in NY.
EUO sustained – failure to challenge EUO requests is fatal to provider’s position — Read Article →
NY appeals court rejects EUO firm's affirmations lacking personal knowledge in three no-fault insurance cases, highlighting procedural deficiencies in summary judgment motions.
Prestigious EUO firm seems to have partners who lack personal knowledge — Read Article →
Learn why EUO no-shows occur when insurers fail to provide required justification. Court rules insurers must give specific objective reasons for EUO requests.
EUO no show – what’s the reason? — Read Article →
Court rejects Allstate's EUO no-show defense due to insufficient proof of nonappearance, highlighting the importance of proper documentation in no-fault insurance disputes.
Allstate EUO no-show cases — Read Article →
New York court finds insurance company failed to prove EUO no-show due to inadequate attorney affirmation lacking personal knowledge and proper procedural documentation.
EUO no show not substantiated — Read Article →
Progressive's flawed EUO scheduling affidavits fail to prove proper mailing, allowing medical providers to skip examinations and creating enforcement challenges.
Problems in the Progressive affidavits (again) — Read Article →
Court rules EUO fee demands are improper - providers cannot require upfront payment before attending examination under oath in NY no-fault cases.
EUO fee not a condition precedent to appearance at EUO — Read Article →
Court dismisses insurance company's motion due to flawed affidavit lacking personal knowledge of EUO non-appearance, highlighting common procedural errors in no-fault cases.
What is it that these law firm affidavits are missing? — Read Article →
Court ruling on EUO defense failure when law firm partner's affirmation lacked personal knowledge of plaintiff's nonappearance at examinations under oath
EUO defense not sustained — Read Article →
Court decisions on EUO timing requirements under GCL 25-a when 10th day falls on Sunday, including analysis of follow-up request strategies.
Timely EUO viz GCL 25-a — Read Article →
Court rules Allstate failed to prove proper mailing of EUO scheduling letters, highlighting critical procedural requirements in no-fault insurance disputes.
Allstate letters not timely or properly mailed. — Read Article →
Court rules that plaintiffs who fail to respond to EUO requests cannot later object to defective scheduling letters, waiving their right to challenge procedural defects.
Examination Under Oath – objections waived — Read Article →
New York appellate court clarifies personal knowledge requirements for insurance attorneys in EUO no-show cases, highlighting key differences between departments.
Personal knowledge from the First Department — Read Article →
New York court finds that requesting an EUO adjournment before the scheduled date may prevent it from being considered a "no-show," even without mutual rescheduling agreement.
Was the missed EUO really a miss? — Read Article →
New York court clarifies that mutually agreed EUO rescheduling doesn't constitute failure to appear, but subsequent no-shows do under no-fault insurance law.
EUOs (rescheduling) — Read Article →
Court rules failure to answer EUO questions voids no-fault coverage when doctor refuses to respond to relevant insurance company inquiries during examination.
Failure to answer questions voids coverage — Read Article →
New York no-fault insurers must wait for verification responses before disclaiming claims based on EUO failures, as established in Alleviation Med. Services v Citiwide Auto...
Need to wait for the non-EUO based verification before disclaiming — Read Article →
Palafox PT v State Farm case analysis on EUO justification requirements under Clennon precedent, showing insurers need only prove dual demands and failures to appear.
Clennon applied — Read Article →
New York's no-fault insurance regulations require insurers to request EUOs within 15 days of receiving a claim. Courts strictly enforce this timing requirement.
65-3.5(b) discussed in the EUO context — Read Article →
Court ruling confirms insurers don't need objective reasons for EUO demands when proving prima facie case for no-show defense in New York no-fault claims.
EUO no show defense substantiated — Read Article →
Court reaffirms that insurance companies must schedule EUOs within 30 days of receiving no-fault claims, or lose their right to deny payment under New York law.
EUOs must be scheduled within 30-days of receipt of the bill (again) — Read Article →
New York court ruling explores what constitutes "other appropriate means" to prove EUO no-shows beyond personal knowledge, leaving this critical legal standard undefined.
What is "other appropriate means"? — Read Article →
Court denies plaintiff's motion in no-fault case due to failed verification compliance and assignor's failure to appear for required IMEs and EUOs.
EUO & IME no show — Read Article →
Second Department court cites Unitrin precedent in no-fault insurance case, reinforcing that willfulness is not required to prove failure to cooperate in EUO matters.
Unitrin citing in the Second Department — Read Article →
Court rules medical provider cannot sue assignor who failed to appear at EUO, highlighting limits of assignment-based lawsuits in no-fault insurance cases.
Lawsuit does not stand against assignor who no-showed to EUOs — Read Article →
Court ruling establishes that additional verification not produced proves nothing in no-fault insurance claims, addressing verification requests and IME/EUO requirements.
Additional verification not produced is probative of nothing — Read Article →
Court ruling on no-fault insurance verification requests and EUO scheduling - insurer's timely mailing vs plaintiff's non-receipt and no-show defenses.
EUO no-show and verification non-receipt — Read Article →
Long Island court cases analyzing IME scheduling compliance under Insurance Department Regulations, examining when no-show denials fail due to improper timing requirements.
The backtracking of Unitrin — Read Article →
Court rules EUO scheduling letters untimely when requested beyond 15 business days, making them nullities under New York No-Fault Regulations despite insurer's appeal.
Nonsensical appeal — Read Article →
Court ruling highlights insurance companies must prove they actually appeared at scheduled EUOs when claiming assignor failed to show up for examination.
No show not susbtantitated — Read Article →
Court reverses denial of default judgment in EUO case, finding attorney's affirmation under penalty of perjury sufficient proof of proper mailing procedures.
Declaratory judgment reversed on appeal — Read Article →
Court distinguishes Alrof-Safeco case, finding competent evidence of IME no-show through physician affirmation and scheduler affidavit with personal knowledge of office practices.
A distinction between Alrof-Safeco and reality — Read Article →
Court finds EUO no-shows invalid due to unclear circumstances and potential rescheduling, with Civil Court judges granting plaintiff summary judgment in multiple cases.
What was the other basis for finding the EUO no shows are invalid? — Read Article →
New York court rules insurers don't need objective justification for EUO requests under No-Fault Regulation 68, emphasizing compliance importance.
Objective justification not necessary — Read Article →
Court ruling on EUO scheduling letters and verification requests in NY no-fault insurance claims, examining when denials are timely and service billing disputes.
Were the services billed for? — Read Article →
Court rejects insurance company's EUO no-show defense, citing flawed Alrof precedent that misrepresents examination under oath requirements in no-fault cases.
Alrof strikes — Read Article →
Court denies both summary judgment motions in no-fault case, highlighting importance of proper EUO scheduling and appearance requirements under Alrof precedent.
Alrof again… — Read Article →
New York appellate court clarifies strict 15-day deadline for no-fault insurers to request EUOs, ruling that late scheduling letters are nullities under regulations.
EUO time-frame according to the Appellate Term Second Department — Read Article →
NY court rules insurers don't need objective basis to request EUOs under No-Fault Regulation 68, making EUO requests easier to justify as reasonable.
Objective basis need not be proven — Read Article →
Appellate Term reverses course on Unitrin case law regarding IME no-show denials and retroactive claim denial rights in New York no-fault insurance disputes.
Appellate Term (again) reverses course on Unitrin — Read Article →
Second Department case analyzing IME failure as coverage defense in New York no-fault insurance law, examining conditions precedent to insurer liability.
A taste of Unitrin in the Second Department — Read Article →
Court ruling clarifies timing requirements for EUO follow-up requests in no-fault cases, emphasizing proper application of verification timeframes under NY insurance regulations.
The application of the 10-day follow up period to send EUO requests — Read Article →
Court rules EUO denial valid despite not specifying examination dates, rejecting plaintiff's argument that omission made denial vague or conclusory under New York no-fault law.
EUO denial not vague or conclusory for not stating dates — Read Article →
Court reaffirms that healthcare providers who fail to object to EUO requests cannot later challenge their reasonableness in discovery disputes.
Failure to object (again) spells end to fishing expedition on “reasonableness” — Read Article →
Key court ruling on EUO obligations for healthcare providers with assigned benefits or authorization to pay in New York no-fault insurance cases.
Obligations of Assignee and Authorized entity — Read Article →
Power Supply Inc v Praetorian case establishes that insurers can maintain delay status for multiple no-shows until final EUO non-appearance triggers denial.
Delay for IME and EUO no shows — Read Article →
First Department upholds no-fault insurer's EUO no-show denial with proper mailing proof despite incomplete attorney affidavit in Hertz Corp. v Active Care
DJ victory from the First Department — Read Article →
Ameriprise loses summary judgment motion due to lack of personal knowledge proof for EUO no-shows, following the established Alrof precedent in New York no-fault law.
Alrof hits Ameriprise — Read Article →
First Department upholds declaratory judgment victory for insurer after assignors failed to appear at scheduled examinations under oath in no-fault case.
First Department upholds EUO DJ victory — Read Article →
Court wrestles with Quality vs Amex theories for proving IME no-shows, highlighting ongoing legal tensions in New York no-fault insurance cases.
Quality or Amex? — Read Article →
Court ruling demonstrates how insurance companies must meet strict procedural requirements when denying no-fault claims based on missed EUOs and IMEs under established legal...
No-show failed the Alrof test — Read Article →
Court ruling shows that EUO objections may be waived if providers fail to respond to scheduling letters, even when objecting to the letters' adequacy or content.
EUO objections *may* be futile — Read Article →
Second Department case analysis applying Unitrin precedent through Clennon for EUO failures and provider scheduling requirements in NY no-fault insurance.
A hook to apply Unitrin in the Second Department through Clennon — Read Article →
Court ruling on IME no-show denials under Unitrin precedent - insurer's right to retroactively deny claims when assignor fails to appear for scheduled examination
IME and EUO issues under Unitrin — Read Article →
Two conflicting New York Civil Court decisions highlight ongoing debate over EUO no-show requirements and proper practice procedures in no-fault insurance cases.
Alrof”t” (read the cited to decisions) — Read Article →
Court rules disqualification of insurer's law firm was unnecessary in EUO no-show case where summary judgment was granted, making trial moot under NY no-fault law.
Disqualification not necessary on EUO no-show case — Read Article →
Natural Therapy Acupuncture v State Farm: Court sustains EUO no-show defense, reinforcing insurer burden of proof for scheduling letters and attorney presence.
EUO no-show defense sustained — Read Article →
Court rules delay letters requesting EUO without verification insufficient to toll 30-day payment deadline in NY no-fault insurance cases - key requirements explored.
When a delay letter is not good enough — Read Article →
New York court rules insurers don't need objective basis to schedule EUO in no-fault cases. Flow Chiropractic v Travelers establishes carrier discretion.
An objective basis is not needed (again) to schedule an EUO — Read Article →
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.
Walking out of an EUO leads to a disclaimer and a whole lot more — Read Article →
EUO no show sustained - Court grants summary judgment against medical provider when assignor failed to appear for scheduled Examination Under Oath in NY no-fault case.
EUO no show sustained — Read Article →
Court finds no reasonable excuse for default in no-fault declaratory judgment action where medical providers failed to respond despite proper service.
No reasonable excuse found — Read Article →
New York court rules on timely denial requirements for IME/EUO no-show cases, questioning continued reliance on 2009 Westchester/Lincoln precedent despite newer case law.
Timely denials necessary and a citation to Westchester/Lincoln — Read Article →
SP Chiropractic v. IDS shows another court citing Alrof's flawed requirement for personal knowledge proof of EUO no-shows, highlighting ongoing insurance defense failures.
An ALROF citing — Read Article →
Court upholds insurer's summary judgment when medical provider's assignor failed to appear for IMEs and EUOs despite proper notice mailing.
No-show substantiated — Read Article →
Master Arbitrator Dachs analyzes IDS v. Stracar on EUO compliance requirements, partial performance standards, and carrier response obligations in New York no-fault cases.
Master Arbitrator Dachs discusses IDS v. Stracar — Read Article →
Second Department affirms declaratory judgment for insurer after medical provider failed to appear for two examinations under oath, establishing material breach of no-fault policy.
EUO no-show DJ is successful (for the most part) — Read Article →
Court cites problematic Alrof precedent again for EUO no-shows, highlighting ongoing issues with personal knowledge requirements in no-fault insurance cases.
Alrof citing again – never a good thing — Read Article →
Learn how certified EUO transcripts can prove no-shows in New York no-fault insurance cases, as demonstrated in Active Chiropractic v Praetorian Insurance.
No-show proved through certified transcripts — Read Article →
Court rules insurance carrier failed to prove timely EUO requests, highlighting critical procedural requirements in no-fault insurance defense cases.
EUO no show not timely — Read Article →
Court upholds insurer's general non-cooperation denial despite untimely issuance when insured showed pattern of sporadic cooperation mixed with obstruction.
General non-cooperation denial held to be timely despite it being issued quite untimely — Read Article →
Natural Therapy Acupuncture v State Farm: Court upholds EUO no-show denial when insurer proves proper notice and attorney confirms plaintiff's failure to appear.
EUO no show substantiated — Read Article →
Staten Island Chiropractic case reveals successful EUO investigation uncovering fee splitting violations and cooperation failures in New York no-fault insurance claims.
Staten Island Chiro – what a web you weaved and what a great investigation we did — Read Article →
Second Department punts on Unitrin issue in Westchester v. GEICO, noting coverage challenge improperly raised on appeal while awaiting clarity from other courts.
Punted. — Read Article →
Second Department's Interboro v Clennon decision analysis on no-fault EUO compliance and material breach standards for Long Island personal injury attorneys.
So what did the Second Department mean? — Read Article →
Learn when insurance companies can deny coverage for EUO non-compliance. Expert legal guidance on examination under oath requirements in NY. Call 516-750-0595.
Understanding EUO Denial: When Insurance Companies Can Substantiate Coverage Denials — Read Article →
Court ruling clarifies personal knowledge requirements for proving EUO no-shows in no-fault insurance cases, emphasizing detailed business practice affidavits.
Personal knowledge is well not too personal — Read Article →
Court ruling confirms that proper mailing procedures and attorney's personal knowledge can establish EUO no-shows, setting important precedent for no-fault insurance disputes.
EUO no-show mailing and personal knowledge substantiated — Read Article →
Eagle Surgical Supply v Allstate case analysis on EUO scheduling timeliness, tolling effects, and reasonableness standards in New York no-fault insurance law.
EUO tolling and reasonableness issues — Read Article →
Court ruling clarifies that mutual EUO rescheduling before the original date doesn't constitute a no-show, but insurers must still provide three examination opportunities.
Mutual rescheduling prior to the first no-show — Read Article →
Court ruling establishes that investigator affidavits and on-record statements provide sufficient proof of no-show at scheduled EUOs in no-fault insurance cases.
Proof of the no-show — Read Article →
Court rules insurance companies don't need to produce policy documents to establish EUO provisions when accident occurred after 2002 mandatory endorsement.
The policy of insurance does not need to be included in the motion papers — Read Article →
New York court ruling on EUO preclusion and EBT rights based on preserved box 18 defense in no-fault insurance cases - key timing requirements explained.
EUO preclusion and EBT’s based upon preserved box #18 defense — Read Article →
Court ruling establishes that healthcare providers waive their right to challenge EUO objective standards if they fail to respond to examination demands.
Proof of objective standards are waived if EUO demand is not responded to — Read Article →
Court rules EUO scheduling letter must identify specific person being requested for examination or lose toll benefit under NY Insurance Regulation 65-3.6(b).
EUO letter did not toll time to pay or deny — Read Article →
Court rules that healthcare providers who fail to respond to EUO requests cannot challenge their reasonableness or seek discovery about scheduling letters in no-fault cases.
Discovery disallowed when EUO requests are not responded to by deponent — Read Article →
Court rules declaratory judgment on no-fault coverage is res judicata only for specific accident dates listed, not all claims by the same parties.
A declaration of non-coverage is res judicata to the specific date of the accident. — Read Article →
Court rejects insurance company's EUO no-show motion due to defective affidavit lacking personal knowledge, highlighting critical evidentiary requirements in no-fault cases.
Alrof Safeco made another sighting — Read Article →
Court ruling on IME scheduling letters highlights importance of consistent procedures in New York no-fault insurance cases when addresses don't match NF-2 forms.
The NF-2 and the letters did not match — Read Article →
New York court rules insurance company's EUO scheduling letters sent 70+ days after receiving bills were untimely and failed to toll payment obligations.
EUO no show – precluded due to untimely scheduling letters — Read Article →
New York court rules that open pre-IME claims prevent insured from using repudiation defense when failing to appear for EUO after negative medical exam.
Open claim avoids repudiation defense to DJ — Read Article →
Court rules discovery unnecessary when challenging EUO no-show defense in NY no-fault cases. Appellate Term confirms proper mailing establishes valid denial.
Discovery not necessary to adjudicate merits of EUO no-show defense — Read Article →
Court ruling establishes that healthcare providers who fail to respond to EUO requests cannot later raise objections, reinforcing insurer notification requirements.
EUO statements of law — Read Article →
Court rules attorney affidavit lacking personal knowledge insufficient for EUO no-show summary judgment in New York no-fault case
Personal knowledge became more personal — Read Article →
Compas Med case shows how plaintiff established prima facie case despite untimely EUO denials, demonstrating strategic forum shopping in NY no-fault law
Watch how Plaintiff made prima facie — Read Article →
New York court rules that insurance company's EUO request for medical provider was untimely, failing to comply with 15-day requirement under no-fault regulations.
EUO of a medical provider – untimely. — Read Article →
Expert analysis of Flatlands Med v State Farm EUO no-show case. Learn strategic approaches for Long Island & NYC medical providers in no-fault insurance disputes. Call...
EUO No-Show Victory: Strategic Legal Analysis for Long Island & NYC Medical Providers — Read Article →
Learn how insurance companies lose EUO defenses when failing procedural requirements. Expert no-fault attorney analysis from Long Island. Call 516-750-0595.
EUO Defense Not Substantiated: When Insurance Companies Fail to Meet Procedural Requirements — Read Article →
New York court ruling clarifies medical providers' independent arbitration rights and insurer EUO denial requirements in no-fault insurance cases.
Roggio/Westchester-Lincoln — Read Article →
Court confirms insurer's summary judgment when assignor failed to appear at both IME and EUO after proper notice, citing Unitrin precedent for no-fault claims.
Assignor did not show up to his IME and EUO – double whammy — Read Article →
District Court decision explores EUO document request scope and consequences of non-attendance in New York no-fault insurance cases.
An interesting observation from a District Court decision — Read Article →
Court rules that follow-up EUO verification requests sent more than 25 days late violate Triangle "R" rule, making insurance denials untimely under no-fault regulations.
Follow up verification issued >25 days too late is a loser — Read Article →
DME provider loses case after failing to respond to EUO letter, with court ruling that non-compliance permits denial of all claims, not just pending ones.
The failure to respond to an EUO letter non-suits another DME provider — Read Article →
Court rules insurance companies don't need to include policy documents in motion papers when seeking examination under oath in no-fault cases.
The policy does not need to be included in the motion papers — Read Article →
New York court ruling confirms attorney affirmations stating claimants failed to appear at EUOs are sufficient evidence to establish no-show defense in no-fault cases.
An attorney's statement, i.e., "he did not show up" is sufficient to support EUO defense — Read Article →
A 2012 case highlights how insurance companies must properly establish EUO scheduling to avoid losing their right to deny claims based on no-shows.
A lesson on why the failure to attempt a DJ on an EUO no-show can spell doom — Read Article →
Court ruling confirms insurers can deny no-fault claims when assignors fail to appear for properly noticed examinations under oath (EUOs).
EUO no-show from the First — Read Article →
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.
EUO No-Show Legal Issues: Notice Requirements and Your Rights in Long Island and NYC — Read Article →
New York court rules that EUO scheduling letters don't need to conspicuously highlight information, clarifying requirements under Insurance Department Regulations.
EUO – No need to highlight the information — Read Article →
New York court rules that insurance companies cannot use EUO delay letters to extend the 30-day deadline for paying or denying no-fault claims under Insurance Law § 5106.
A bill delay for an EUO is insufficient to toll the claims determination period — Read Article →
Court denies leave in Unitrin v Bayshore Physical Therapy case, highlighting challenges healthcare providers face under current no-fault insurance regulations.
Leave denied — Read Article →
Court rules that challenges to EUO reasonableness are waived without timely objection, establishing key precedent for no-fault insurance defense strategies.
A reasonable basis inquiry to the propriety of an EUO is foreclosed absent a timely objection — Read Article →
A no-fault insurance case where both parties lost summary judgment motions due to factual disputes over EUO notice and appearance, highlighting strategic appeal considerations.
Another procedural faux pause — Read Article →
Landmark 2011 Unitrin case establishes IME no-show as Chubb coverage defense, allowing retroactive claim denials regardless of initial denial reasons in NY no-fault law.
The failure to attend IMEs is now considered a Chubb coverage defense — Read Article →
NY Appellate Term rules EUO letters need not use large fonts. Important decision for Long Island & NYC medical providers on no-fault insurance requirements. Call 516-750-0595.
EUO letter need not be in large font – ADA litigation here we come — Read Article →
Court grants summary judgment on EUO no-show defense in Dover Acupuncture v State Farm, analyzing First Department's approach to policy violations.
Summary judgment granted on EUO no-show defense – interesting analysis — Read Article →
New York court grants summary judgment when claimant fails to attend properly scheduled EUO after timely mailing of scheduling letters established proper notice.
EUO letters were mailed and the Claimant failed to attend the EUO: summary judgment granted — Read Article →
Long Island court case analysis: Points of Health v Lancer Insurance on EUO scheduling letters, timely mailing procedures, and no-fault claim denial defenses.
EUO no-show (case #3) — Read Article →
Court ruling on EUO no-show defense requirements in NY no-fault cases, emphasizing timely scheduling letters and proper affidavits to toll claim periods.
EUO no-show (case #2) — Read Article →
Attorney Jason Tenenbaum criticizes a 2010 Nassau District Court decision in Dynamic Medical Imaging v State Farm, calling it legally flawed and against established precedent.
This one takes the cake — Read Article →
Court ruling establishes that a law firm partner's affirmation can effectively prove a plaintiff's failure to appear at a scheduled examination under oath.
Partner's affirmation demonstrated the "no-show" component of an EUO no-show defense — Read Article →
Master EUO scheduling timing requirements for Long Island and NYC providers. Avoid costly billing delays with expert legal guidance. Call 516-750-0595 for compliance support.
EUO Scheduling Letters Must Be Sent Within the Same Time Frame That Exists for Verifying Bills: A Comprehensive Guide for Long Island and NYC Providers — Read Article →
Master EUO transcript admissibility and CPLR 3212(f) applications in NY no-fault practice. Expert analysis of RLC Medical decision and evidence rules for Long Island and NYC...
EUO Admissibility and CPLR 3212(f): Critical Evidence Rules for New York No-Fault Practice — Read Article →
Learn about EUO examination under oath requirements in New York no-fault insurance law. Expert legal analysis from experienced Long Island and NYC attorneys.
Must a carrier demonstrate that a deponent willfully failed to attend EUO's in order to substantiate this defense? — Read Article →
Expert analysis of EUO personal knowledge requirements for non-appearances in NY no-fault law. Long Island & NYC legal guidance. Call 516-750-0595.
Personal Knowledge Requirements for EUO Non-Appearances: NY Legal Standards — Read Article →
Expert analysis of EUO validity issues in NY insurance law. Long Island insurance attorney Jason Tenenbaum explains appellate decisions. Call 516-750-0595.
Validity of EUO, Appellate Term, 2d Dept: Take two — Read Article →The Law Office of Jason Tenenbaum publishes detailed legal analysis on euo issues and related topics as part of an ongoing commitment to legal education and transparency. Since 2008, Attorney Tenenbaum has written over 2,353 articles examining how New York courts decide cases involving personal injury, no-fault insurance, employment discrimination, and complex litigation matters. Each article is based on an actual court decision and provides the kind of substantive analysis that practitioners and clients need to understand the current state of the law.
Attorney Tenenbaum brings over 24 years of New York litigation experience to every article. His practice spans Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He has handled thousands of cases involving insurance disputes, personal injury claims, and employment law matters, giving him a practical perspective that academic commentators often lack. The articles in this collection reflect that experience, offering readers insight into how judges actually apply legal standards in contested cases.
If you are dealing with a legal issue related to euo issues or any topic covered on this blog, the firm offers free initial consultations by phone or in person. Call (516) 750-0595 to speak with an attorney, or visit the contact page to submit a case review request online. No fee is charged unless the firm recovers compensation on your behalf. The firm's six attorneys bring over 112 combined years of legal experience and speak English, Spanish, Italian, Japanese, and Russian, ensuring clients can communicate in the language they are most comfortable with. Attorney Tenenbaum is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts, and he has authored more than 2,353 published legal articles that attorneys, judges, and insurance professionals across the state rely on for guidance.
New York's legal framework for euo issues matters involves an intricate web of statutes, regulations, and case law that has developed over decades. The state's court system — including the Civil Court, District Courts, Supreme Court, Appellate Term, Appellate Division, and Court of Appeals — each plays a distinct role in shaping how euo issues cases are litigated and decided. Trial-level decisions in Nassau County Supreme Court, Suffolk County Supreme Court, and the New York City Civil Courts establish important factual precedents, while appellate rulings create binding legal standards that all lower courts must follow.
The Civil Practice Law and Rules (CPLR) governs procedure in New York civil litigation and contains provisions that directly impact euo issues cases. CPLR Article 31 establishes the scope and methods of disclosure, including depositions under CPLR 3107, interrogatories under CPLR 3130, and document demands under CPLR 3120. CPLR 3212 provides the standard for summary judgment, requiring the movant to establish a prima facie case through admissible evidence and shifting the burden to the opponent to raise a triable issue of fact. CPLR 3215 governs default judgments, which require proof of service, proof of the facts constituting the claim, and proof of the amount due. Understanding these procedural tools is essential for anyone involved in euo issues litigation in New York.
Statutes of limitations vary significantly depending on the type of claim. General negligence and personal injury claims carry a three-year deadline under CPLR 214(5). Medical malpractice claims have a shortened two-and-a-half-year deadline under CPLR 214-a. Claims against municipalities require a Notice of Claim within 90 days under General Municipal Law Section 50-e. No-fault insurance claims have their own regulatory deadlines, including the 30-day filing window for applications and the 45-day submission period for provider claims. Employment discrimination claims under the New York State Human Rights Law generally have a three-year statute of limitations, while federal Title VII claims require EEOC filing within 300 days.
The Appellate Term and Appellate Division regularly issue decisions that clarify and refine the legal standards applicable to euo issues cases. The Second Department, which covers Long Island and parts of New York City, is particularly active in this area. Its decisions on evidentiary standards, burden-shifting frameworks, and procedural requirements directly affect how trial courts evaluate motions and how attorneys prepare their cases. Attorney Tenenbaum monitors these decisions and analyzes them in the articles on this page, providing practitioners with the timely legal commentary they need to stay current.
The Law Office of Jason Tenenbaum, P.C. is located at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746, centrally situated on Long Island to serve clients throughout Nassau County, Suffolk County, and the five boroughs of New York City. With over 24 years of experience and more than 1,000 appeals written, Attorney Tenenbaum combines deep legal knowledge with practical courtroom experience. If you need help with a euo issues matter, call (516) 750-0595 for a free consultation.
Successful outcomes in euo issues cases often depend on procedural compliance as much as substantive merit. In no-fault insurance litigation, the prima facie case standard requires the plaintiff to submit admissible evidence establishing the claim was properly submitted, overdue, and unpaid. If the defendant raises a defense — such as an IME no-show, EUO non-appearance, lack of medical necessity, or fee schedule dispute — the burden shifts to the plaintiff to present evidence creating a triable issue of fact. Summary judgment motions under CPLR 3212 require the movant to make a prima facie showing through affidavits, deposition testimony, or documentary evidence, and the opposition must raise a genuine factual dispute to avoid dismissal.
In personal injury cases, the discovery process is governed by CPLR Article 31 and involves depositions of parties and witnesses, exchange of medical records under CPLR 3121 authorizations, physical and mental examinations, and expert disclosure. Once discovery is complete, either party may file a note of issue certifying readiness for trial, after which a 120-day deadline applies for filing summary judgment motions under CPLR 3212(a). Motion practice often determines the outcome of cases before trial, and understanding the specific evidentiary standards applied by courts in your jurisdiction is essential. The articles on this page analyze these standards in detail, drawing on real cases litigated by Attorney Tenenbaum and decisions from courts across the state.
The firm serves clients throughout Long Island, including the towns and villages of Huntington, Babylon, Islip, Brookhaven, Smithtown, Hempstead, Garden City, Mineola, Great Neck, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, and Massapequa, as well as all five boroughs of New York City. Attorney Tenenbaum regularly appears in Nassau County Supreme Court, Suffolk County Supreme Court, the New York City Civil Court, the American Arbitration Association, the Workers' Compensation Board, and the Appellate Term and Appellate Division of the Second Department. If you need legal assistance with a euo issues matter or any topic discussed in these articles, call (516) 750-0595 for a free, confidential case evaluation.
The Law Office of Jason Tenenbaum, P.C. was founded in 2002 and has grown into one of Long Island's most respected personal injury, employment law, and insurance litigation firms. The firm's six attorneys — led by founding partner Jason Tenenbaum — bring over 112 combined years of legal experience to every case. The team speaks English, Spanish, Italian, Japanese, and Russian, ensuring that clients from diverse backgrounds can communicate in the language they are most comfortable with during what is often one of the most stressful periods of their lives.
Attorney Tenenbaum earned his Juris Doctor from Syracuse University College of Law and is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as the United States District Courts for the Eastern and Southern Districts of New York. He has written more than 1,000 appellate briefs, handled over 100,000 no-fault insurance cases, and recovered over $100 million in verdicts and settlements for injured individuals and workers throughout Long Island and New York City. His 2,353+ published legal articles on New York case law make him one of the most prolific legal commentators in the state, and his analysis is relied upon by attorneys, judges, and insurance professionals across all four Appellate Division departments.
The firm operates on a contingency fee basis for personal injury and employment discrimination cases, which means clients pay no attorney fees unless the firm recovers compensation on their behalf. Every consultation is free, confidential, and without obligation. The firm's centrally located Huntington Station office provides convenient access to Nassau County Supreme Court in Mineola, Suffolk County Supreme Court in Riverhead, the Nassau County District Court, Suffolk County courts in Central Islip, and the New York City Civil Court. Whether you need help with a car accident claim, a workplace discrimination complaint, a no-fault insurance denial, a workers' compensation dispute, or any other legal matter, the Law Office of Jason Tenenbaum, P.C. is ready to fight for your rights.
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