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EXAMINATION UNDER OATH

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EUO NO SHOWS – DEMAND TO BE MADE WITHIN 30 DAYS OF RECEIPT OF BILLS

  • July 17, 2018
  • by Leon Kucherovsky
Irina Acupuncture, P.C., v.  Nationwide Affinity Insurance Company, 57 Misc.3d 146 Insurer must demand an EUO of the provider withing 30 days of receipt of the bills/claim. Civil Court properly granted the branches of plaintiff’s motion seeking summary judgment on the first two causes of ac
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EUO – OBJECTIVE GOOD FAITH JUSTIFICATION FOR THE EUO MUST BE “SUBSTANTIVE”

  • July 17, 2018
  • by Leon Kucherovsky
American Chiropractic Care, P.C. v. Geico, 57 Misc3d 529 (2017) The relevant dicta is as follows: In an action for no-fault benefits, defendant insurer was obligated to demonstrate a good faith basis for the examination under oath (EUO) of plaintiff medical provider in response to plaintiff’s time
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EUO AND JUSTIFICATION FOR THE REQUEST

  • August 30, 2017
  • by Leon Kucherovsky
American Chiropractic Care, P.C.  v. Geico , 2017 NY Slip Op 27272.  The case can be found here: http://nycourts.gov/reporter/3dseries/2017/2017_27272.htm Although a civil court case, this case has some good dicta with respect to provider EUO’s and the duty on the part of the carrier to su
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PROOF OF EUO NO SHOW NOT BASED ON PERSONAL KNOWLEDGE

  • August 24, 2017
  • by Leon Kucherovsky
PIERRE J. RENELIQUE MD, P.C. v. TRAVELERS INSURANCE COMPANY, 033085/2014, Kings County Civil Court When an issue involves EUOs, a defendant must prove that its EUO requests were timely mailed and that a plaintiff’s assignor failed to appear for same (see Crescent Radiology, PLLC v. American Tran
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EUO NO SHOW – OBJECTION NEVER MAILED

  • July 6, 2017
  • by Leon Kucherovsky
First Class Medical, P.C. v. State Farm Mutual Automobile Ins. Co., Slip Copy, 55 Misc.3d 141(A), 2017 WL 1822145 (Table), 2017 N.Y. Slip Op. 50593(U) Defendant moved for summary judgment dismissing the complaint on the ground that plaintiff’s assignor had failed to appear for duly scheduled exa
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EUO NO SHOW – PROOF OF RECEIPT OF NOTICES

  • May 1, 2017
  • by Leon Kucherovsky
Kemper Independence Insurance Company v. Adelaida Physical Therapy, P.C., et al., Avalon Radiology, P.C., et al., 2017 N.Y. Slip Op. 00916 Provider appealed from a ruling granting carrier’s motion for summary judgment and declaring that plaintiff is not obligated to provide no-fault benefits
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EUO NO SHOWS – MUST PROVE 2 NO SHOWS

  • February 2, 2017
  • by Leon Kucherovsky
Maiga Products Corp., v. Unitrin Auto and Home Insurance Company, Slip Copy, 2017 WL 416985 (Table), 2017 N.Y. Slip Op. 50113(U) Assignor failed to appear for examinations under oath (EUOs).  Although Plaintiff’s moving papers failed to establish either that defendant had failed to deny the cla
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EFFECT OF VERIFICATION TIME LINES OF DEMAND FOR EUO

  • January 4, 2017
  • by Leon Kucherovsky
SURE WAY NY, Inc. v. TRAVELERS INSURANCE COMPANY 2016 WL 7233969 The issue in this case was whether a no fault insurer must request EUO’s of all conceivable entities within 15 calendar days of receipt of a written notice of claim, in accordance with 11 NYCRR 65–3.5(b), or whether its 15 da
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RECORDED STATEMENTS DO NOT TOLL THE 30 DAY RULE

  • January 4, 2017
  • by Leon Kucherovsky
  GOLDEN NEEDLE ACUPUNCTURE P.C., v. MAPFRE INS. CO., 2016 WL 7233877 Defendant insurer alleges that it timely requested “recorded statements” from plaintiff which it effectively claimed tolled the time by which defendant had to either pay or deny. The Court said as follows: The q
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OBJECTION TO EUO AND SUBSEQUENT LITIGATION

  • July 14, 2016
  • by Leon Kucherovsky
Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co., 2016 NY Slip Op 51026(U) http://www.nycourts.gov/reporter/3dseries/2016/2016_51026.htm Should sending out objections to EUOs be done now routinely on each case if you are a Plaintiff?  Maybe so according to this case.  The Court
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