The First Department, over a dissent, in a no-fault insurance case, determined plaintiff insurer's motion for summary judgment (dismissing the provider's claim for first-party no-fault benefits) based upon plaintiff's insured's (Manoo's) failure to appear for three scheduled examinations under oath (EUO's) should have been granted. The court held that an EUO can be requested at any time, and the fact that the first EUO was requested before the insurer received a claim form from the provider was of no consequence:
The record establishes that plaintiff requested Manoo's initial EUO by letter dated February 3, 2012. Although [the provider's] NF-3 form is dated February 7, 2012, plaintiff was entitled to request the EUO prior to its receipt thereof … . The notification requirements for verification requests under 11 NYCRR 65-3.5 and 65-3.6 do not apply to EUOs that are scheduled prior to the insurance company's receipt of a claim form … . Mapfre Ins. Co. of N.Y. v Manoo, 2016 NY Slip Op 04446, 1st Dept 6-9-16
INSURANCE LAW (AN EXAMINATION UNDER OATH (EUO) CAN BE REQUESTED BY THE NO-FAULT INSURER BEFORE THE INSURER RECEIVES A CLAIM FORM)/NO-FAULT INSURANCE (AN EXAMINATION UNDER OATH (EUO) CAN BE REQUESTED BY THE NO-FAULT INSURER BEFORE THE INSURER RECEIVES A CLAIM FORM)