EUO NOTICES – MAILING

EUO NOTICES – MAILING

CONTEMPORARY ACUPUNCTURE, P.C., v. ALLSTATE INSURANCE COMPANY,  51 Misc.3d 132

Insurance company must show it timely mailed EUO notices and timely denials as part of its prima facia case with respect to an EUO no show defense.

This case is along the same rationale as Progressive Cas. Ins. Co. v. Infinite Ortho Prods., Inc., 127 AD3d 1050 [2015] which required a showing akin to a “chain of custody” until it gets to the post office.

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