Nationwide Affinity Insurance Company of America v. Gwendolyn Fox, et. al.

Index No. 159374/2016

Supreme Court: New York – New York County

After oral argument, Allan S. Hollander secured summary judgment in favor of Nationwide in an action involving the noticing of three (3) claimants involved in a suspect motor vehicle incident to appear for an examination under oath (EUO). Nationwide commenced the action seeking a declaration from the Supreme Court, New York County, that Nationwide was under no obligation to reimburse the healthcare provider defendants as their assignors failed to appear for an EUO, a condition precedent to coverage under the policy of insurance and the No-Fault regulation. After oral argument and a review of the papers, the Honorable Jennifer G. Schecter determined Nationwide established timely noticing of the EUOs in accordance with the No-Fault Regulation. Nationwide was further able to establish the non-appearance of the assignors at multiple EUOs, and Nationwide properly denied the claims.

»View Summary Judgment Order