Metro Psychological Servs., P.C. v. 21st Century N. Am. Ins. Co., 2015 NY Slip Op 50470, decided April 7, 2015, involved an action by a provider to recover assigned first-party no-fault benefits. The defendant insurer moved for summary judgment on the grounds that it timely denied plaintiff’s claim based on its failure to appear at a scheduled examination under oath (EUO).

The insurer presented evidence that it mailed the EUO scheduling letters, the date, place and time of the EUOs were not unreasonable and that plaintiff failed to appear. Plaintiff opposed the motion on the grounds that there was no objectively reasonable basis for requiring the EUO. The trial court denied the insurer’s motion.

On appeal, the Appellate Court, Second Department, reversed and granted summary judgment in favor of the insurer. In so holding, the court held that an appearance at an EUO is a condition precedent to the insurer’s liability under the policy and New York’s No-Fault Regulation 68 did not require the insurer to set forth any objective standards for requesting an EUO.