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.
Read More →Reasonableness and standard of proof
11 articles by Jason Tenenbaum, Esq.
When a delay letter is not good enough
Court rules delay letters requesting EUO without verification insufficient to toll 30-day payment deadline in NY no-fault insurance cases - key requirements explored.
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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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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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Discovery disallowed when EUO requests are not responded to by deponent
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.
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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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A reasonable basis inquiry to the propriety of an EUO is foreclosed absent a timely objection
Court rules that challenges to EUO reasonableness are waived without timely objection, establishing key precedent for no-fault insurance defense strategies.
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Summary judgment granted on EUO no-show defense – interesting analysis
Court grants summary judgment on EUO no-show defense in Dover Acupuncture v State Farm, analyzing First Department's approach to policy violations.
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This one takes the cake
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.
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