Mollo v. Geico Ins. Co., 22122/14, NYLJ 1202760512988, at *1 (Sup., NY, Decided May 17, 2016)
Concerning the mailing of EUO notices in relation to receipt of bills, the Court stated as follows:
“For the purposes of counting the 30 calendar days after proof of claim, wherein the claim becomes overdue pursuant to section 5106 of the Insurance Law, with, the exception of section 65-3.6 of this subpart, any deviation from the rules set out in this section shall reduce the 30 calendar days allowed,” 11 NYCRR §65-3.8(1). In the matter at bar, Defendant did not proffer sufficient evidence that the EUOs scheduled were in compliance with 11 NYCRR 65-3.5(b) as the EUOs were scheduled prior to the bills’ receipt. Although there need not be a request for each and every single bill received, Defendant would have to, at a minimum, demonstrate that the initial request was timely. See Arco Med. New York, P.C. v. Lancer Ins. Co., 34 Misc.3d 134(A), 2011 N.Y. Slip Op 52382(U)(App. Term 2nd Dept. 2011).
With respect to proof of no shows:
Moreover, Defendant proffers the affidavit of Daniele Caracciola, Defendant’s employee in the Law Offices of Solowan & Welden. Upon review, the Court finds that Defendant did not sufficiently establish Plaintiff’s assignor’s non-appearances at the scheduled EUO’s. See Stephen Fogel Psychological, P.C. v. Progressive Cas. Ins. Co., supra. Upon review of the affidavit of Plaintiff’s affiant, Nida Ahmad, and the annexed bills, the Court finds that Plaintiff met its prima facie burden in establishing the mailing of the bills at issue. See Viviane Etienne Med. Care v. Country-Wide Ins. Co., 2015 NY Slip Op 04787 (2015). Id.
Compare this to a few of the latest decision which say the carrier can issue EUO notices before it actually receives the bills.