Credit: hvostik/Shutterstock.com Multiple EUO No-Shows: Timely Denial in Recent Case
An insurer may require a no-fault claimant (either the individual injured person or his/her assignee medical provider) to appear for an examination under oath (EUO) 11 NYCRR 65-3.5. If a claimant fails to appear for two scheduled EUOs, the insurer may deny the claim, provided it is raised in a timely denial of claim form.
August 09, 2023 at 10:40 AM
12 minute read
An insurer may require a no-fault claimant (either the individual injured person or his/her assignee medical provider) to appear for an examination under oath (EUO) 11 NYCRR 65-3.5. If a claimant fails to appear for two scheduled EUOs, the insurer may deny the claim, provided it is raised in a timely denial of claim form. See Westchester Medical Center v. Lincoln General Insurance, (60 A.D.3d 1045 [2d Dept. 2009]). Cf. Unitrin Advantage Insurance v. Bayshore Physical Therapy, (82 A.D.3d 559 [1st Dept. 2011]) (In the First Department, failure to raise an EUO or IME no-show defense in a timely denial does not preclude such defense).
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