OMEGA DIAGNOSTIC IMAGING, P.C. v. PRAETORIAN INSURANCE COMPANY, 51 Misc.3d 147
Incarceration is a valid excuse for non-appearance at an EUO. The Court said:
[T]he limited record so far developed presents triable issues as to whether the assignor’s failure to appear was excusable (see IDS Prop. Cas. Ins. Co. v. Stracar Med. Servs., P.C., 116 AD3d 1005, 1007 [2014] ). In this regard, defendant’s moving submission, which contains letters from its no-fault examiner and no-fault supervisor acknowledging the assignor’s incarceration, creates rather than eliminates genuine triable issues.
The moral of the case is, if you have a valid excuse for non-appearance, raise it.
In the alternative, the insurance carrier could have sought to depose the assignor in prison.