Nationwide Affinity Insurance Company of America v. M&M Supplies Group, Inc.
Index No. 011030/2019
Supreme Court: New York – County of Onondaga
In Nationwide Affinity Insurance Company of America v. M&M Supplies Group, Inc., the insurer moved for summary judgment on the issue of whether the medical provider breached a material condition precedent to coverage under the subject insurance policy of insurance and the No-Fault regulations by refusing and failing to appear for multiple Examinations Under Oath (EUOs). In opposition, the medical provider argued that the insurer (i) failed to establish that the EUO requests were based on objective standards; (ii) failed to establish that the EUO requests were timely and (iii) failed to establish that the EUO letters were properly mailed. The Court concluded, among other things, that the medical provider’s arguments failed both procedurally and substantively and nevertheless failed to raise a triable issue of fact. Importantly, the medical provider failed to appear for EUOs on three (3) separate occasions, supporting the conclusion that an insurer has no obligation to deny a claim after two (2) (and only two) EUOs – a misplaced theory often advanced in the civil courts.