Nationwide Affinity Insurance Company of American v. Ridgewood Diagnostic Laboratory, LLC

Index No. 10477/2017

Supreme Court –New York – Onondaga County

In Nationwide Affinity Insurance Company of America v. Ridgewood Diagnostic Laboratory, LLC., Nationwide moved for summary judgment on the issue of whether the medical provider breached a material condition precedent to coverage under the subject polices of insurance and the No-Fault regulations by refusing and failing to appear for multiple Examinations Under Oath (EUOs). Defendant attempted to excuse their failure to appear by contending that it’s subsequent appearance at an EUO on an unrelated claim excused its default in appearance regarding the claims at issue in the declaratory action.

On review of the motion papers and opposition to the motion the Supreme Court, Onondaga County held that Nationwide established its burden of proving that Defendant failed to appear at multiple properly noticed EUOs and that Nationwide issued timely denials on that ground for each individual claim. The Court further held that appearing at a subsequent EUO after the denial of claim was issued did not excuse the default in the prior appearance.

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