Nationwide Affinity Insurance Company of America v. James Thomas et. al.
Index # 157816/16
New York State Supreme Court – Appellate Division, First Department
HLG again successful at appeal! After an Order from the Supreme Court, New York County (Gerald Lebovits, J.), granting Nationwide’s motion for summary judgment and declaring that Nationwide was not obligated to provide coverage under the subject insurance policy by virtue of the claimants’ failure to appear for EUOs, the Healthcare Providers challenged the decision. After oral arguments, the Appellate Division, First Department unanimously affirmed, holding that the claimants’ failure to appear at timely and properly noticed EUOs, constitutes a breach of a condition precedent and vitiates coverage – even as to the Healthcare Providers who took Assignments of Benefits.