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Category: EUO issues

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Procedural Issues (203)

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Evidence (137)

Fee Schedule (127)

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Additional Verification (95)

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Open claim avoids repudiation defense to DJ

June 25, 2013 No Comments

Mapfre Ins. Co. of N.Y. v McKnight , 2013 NY Slip Op 31297(U)(Sup. Ct. NY Co.)(Edmead, J.) I cannot copy and paste the pdf on this

Discovery not necessary to adjudicate merits of EUO no-show defense

May 16, 2013 2 Comments

Flatlands Med., P.C. v State Farm Mut. Auto. Ins. Co., 2013 NY Slip Op 50763(U)(App. Term 2d Dept. 2013) “Contrary to plaintiff’s argument, the affidavits submitted

EUO statements of law

May 16, 2013 1 Comment

Flatbush Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co., 2013 NY Slip Op 50758(U)(App. Term 2d Dept. 2013) “Contrary to plaintiff’s argument, the affidavits submitted

Personal knowledge became more personal

April 6, 2013 5 Comments

Alrof, Inc. v Safeco Natl. Ins. Co., 2013 NY Slip Op 50458(U)(App. Term 2d Dept. 2013) “In support of its cross motion, defendant submitted an affirmation from

Watch how Plaintiff made prima facie

February 24, 2013 No Comments

Compas Med., P.C. v Farm Family Cas. Ins. Co., 2013 NY Slip Op 50254(U)(App. Term 2d Dept. 2013) hPlaintiff made his prima facie case based upon: i)

EUO of a medical provider – untimely.

February 9, 2013 3 Comments

Quality Psychological Servs., P.C. v Utica Mut. Ins. Co., 2013 NY Slip Op 50148(U)(App. Term 1st Dept. 2013) “We sustain the denial of defendant’s motion for summary

An EUO no-show victory that might have pushed the envelope a bit, with $25 costs

January 18, 2013 No Comments

Flatlands Med., P.C. v State Farm Mut. Auto. Ins. Co., 2013 NY Slip Op 50071(U)(App. Term 2d Dept. 2013) (1) In this action by a provider to recover

EUO defense not substantiated

January 10, 2013 No Comments

Essential Acupuncture Servs., P.C. v Ameriprise Auto & Home Ins., 2012 NY Slip Op 52404(U)(App. Term 2d Dept. 2012) “Since defendant failed to establish that the EUO

Roggio/Westchester-Lincoln

July 17, 2012 No Comments

Alev Med. Supply, Inc. v Allstate Prop. & Cas. Ins. Co., 2012 NY Slip Op 51294(U)(App. Term 2d Dept. 2012) Since each medical provider as assignee

Assignor did not show up to his IME and EUO – double whammy

June 27, 2012 2 Comments

Unitrin has created this vacuum where the failure to control ones Assignor has spelled unabated doom to many a medical clinic. Imagine having this conversation during

An interesting observation from a District Court decision

June 18, 2012 3 Comments

Back to Back Chiropractor, P.C. v State Farm Mut. Auto. Ins. Co., 2012 NY Slip Op 51088(U)(Dis. Ct. Suffolk Co. 2012) This opinion is interesting and

Follow up verification issued >25 days too late is a loser

June 18, 2012 2 Comments

Concourse Chiropractic, PLLC v Fiduciary Ins. Co. of Am., 2012 NY Slip Op 51058(U)(App. Term 2d Dept. 2012) This is the first case where the Court

Mr. Five Boro took another dive – this time with the sharks

May 31, 2012 7 Comments

Mr. Five Boro took at dive in the IME no-show DJ matter of American Transit Ins. Co. v. Beltre, under Bronx Co. Index #: 310468/11 (Sup.

The failure to respond to an EUO letter non-suits another DME provider

May 16, 2012 3 Comments

Leica Supply, Inc. v Encompass Indem. Co., 2012 NY Slip Op 50890(U)(App. Term 2nd Dept. 2012) Plaintiff’s argument that its assignor’s failure to appear for the

The policy does not need to be included in the motion papers

May 5, 2012 1 Comment

Eagle Surgical Supply, Inc. v New York Cent. Mut. Fire Ins. Co., 2012 NY Slip Op 50772(U)(App. Term 2d Dept. 2012) “On appeal, plaintiff contends that

An attorney's statement, i.e., "he did not show up" is sufficient to support EUO defense

April 8, 2012 No Comments

Viviane Etienne Med. Care, P.C. v State Farm Mut. Auto. Ins. Co., 2012 NY Slip Op 50579(U)(App. Term 2d Dept. 2012) “Defendant also submitted an affirmation

A lesson on why the failure to attempt a DJ on an EUO no-show can spell doom

March 2, 2012 No Comments

Superior Oxygen & Ortho Supplies, Ltd. v Auto One Ins. Co., 2012 NY Slip Op 50348(U)(App. Term 2d Dept. 2012) “defendant failed to establish that the

EUO no-show from the First

February 24, 2012 No Comments

Bath Ortho Supply, Inc. v New York Cent. Mut. Fire Ins. Co., 2012 NY Slip Op 50271(U)(App. Term 1st Dept. 2012) The defendant insurer made a

EUO no show gone awry

January 27, 2012 1 Comment

Excel Imaging, P.C. v All Car Rent A Car, Inc., 2012 NY Slip Op 50104(U)(App. Term 1st Dept. 2012) “The record raises triable issues as to

EUO – No need to highlight the information

October 19, 2011 1 Comment

Five Boro Psychological Servs., P.C. v State Farm Mut. Auto. Ins. Co., 2011 NY Slip Op 51846(U)(App. Term 2d Dept. 2011) “Furthermore, contrary to the Civil

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