The Regulation giveth and the court taketh away. At least sometimes it seems that way to the defense bar. The New Regulations permit insurers to deny claims for failure of a claimant or assignor to appear for Examinations Under Oath. Courts, however, have held that the insurer must include language promising reimbursement for expenses. Now it seems that the courts are imposing an additional burden or two.
In Rigid Med. of Flatbush, P.C. v New York Cent. Mut. Fire Ins. Co., the Appellate Term, Second Department affirmed an order granting plaintiff summary judgment finding that defendant failed to attach the EUO endorsement to its papers, failed to set forth proof in admissible form as to the mailing of EUO Notices.