Lynn Carter
MCMC's use of fake employee "Lynn Carter" for IME scheduling raises questions about no-show personal knowledge requirements in NY no-fault insurance cases.
Read More →Personal knowledge of no-show
22 articles by Jason Tenenbaum, Esq.
Alrof hits Ameriprise
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.
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Alrof”t” (read the cited to decisions)
Two conflicting New York Civil Court decisions highlight ongoing debate over EUO no-show requirements and proper practice procedures in no-fault insurance cases.
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EUO no-show defense sustained
Natural Therapy Acupuncture v State Farm: Court sustains EUO no-show defense, reinforcing insurer burden of proof for scheduling letters and attorney presence.
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Walking out of an EUO leads to a disclaimer and a whole lot more
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.
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An ALROF citing
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.
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Master Arbitrator Dachs discusses IDS v. Stracar
Master Arbitrator Dachs analyzes IDS v. Stracar on EUO compliance requirements, partial performance standards, and carrier response obligations in New York no-fault cases.
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Alrof citing again – never a good thing
Court cites problematic Alrof precedent again for EUO no-shows, highlighting ongoing issues with personal knowledge requirements in no-fault insurance cases.
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No-show proved through certified transcripts
Learn how certified EUO transcripts can prove no-shows in New York no-fault insurance cases, as demonstrated in Active Chiropractic v Praetorian Insurance.
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EUO no show substantiated
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.
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So what did the Second Department mean?
Second Department's Interboro v Clennon decision analysis on no-fault EUO compliance and material breach standards for Long Island personal injury attorneys.
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Understanding EUO Denial: When Insurance Companies Can Substantiate Coverage Denials
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.
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Personal knowledge is well not too personal
Court ruling clarifies personal knowledge requirements for proving EUO no-shows in no-fault insurance cases, emphasizing detailed business practice affidavits.
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EUO no-show mailing and personal knowledge substantiated
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.
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Proof of the no-show
Court ruling establishes that investigator affidavits and on-record statements provide sufficient proof of no-show at scheduled EUOs in no-fault insurance cases.
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Alrof Safeco made another sighting
Court rejects insurance company's EUO no-show motion due to defective affidavit lacking personal knowledge, highlighting critical evidentiary requirements in no-fault cases.
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Personal knowledge became more personal
Court rules attorney affidavit lacking personal knowledge insufficient for EUO no-show summary judgment in New York no-fault case
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Assignor did not show up to his IME and EUO – double whammy
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.
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An attorney's statement, i.e., "he did not show up" is sufficient to support EUO defense
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.
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EUO letters were mailed and the Claimant failed to attend the EUO: summary judgment granted
New York court grants summary judgment when claimant fails to attend properly scheduled EUO after timely mailing of scheduling letters established proper notice.
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Partner's affirmation demonstrated the "no-show" component of an EUO no-show defense
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.
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Personal Knowledge Requirements for EUO Non-Appearances: NY Legal Standards
Expert analysis of EUO personal knowledge requirements for non-appearances in NY no-fault law. Long Island & NYC legal guidance. Call 516-750-0595.
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