Ksenia Pavlova, D.O., a/a/o Taylor, Vladimir, v. Nationwide Ins.

Appellate Term overturns lower court and finds EUO notice sufficiently mailed

Lower Court Index # 712675/17

Appellate Term of the Supreme Court – Second Judicial Department

Appellate Term Docket #s      2019-1374 KC

The lower court denied the insurer’s motion for summary judgement based on the assignor’s failure to appear at examinations under oath (“EUOs”).  The lower court concluded that because the insurer did not establish in its motion, that the assignor was represented by counsel, the insurer’s mailing of the EUO requests to the assignor’s attorney somehow created a triable issue of fact as to the assignor’s non-appearance.  On appeal, the Appellate Term, Second Department held irrelevant, the failure to establish that the assignor was represented by counsel since the insurer also mailed the letters directly to the assignor.   Interestingly, Plaintiff’s counsel represented the assignor in the first instance.  The Appellate Term’s decision can be accessed here:

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