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PRIME PSYCH. v. NATIONWIDE

24 Misc.3d 230 (2009)

PRIME PSYCHOLOGICAL SERVICES, P.C., as Assignee of ANDREA ORTIZ, Plaintiff, v. NATIONWIDE PROPERTY AND CASUALTY INS. CO., Defendant.

Civil Court of the City of New York, Richmond County.

Decided March 5, 2009.

Attorney(s) appearing for the Case

Epstein McDonald & McCarthy, New York City, for defendant.

Baker Sanders Barshay Grossman Fass Muhlstock & Neuwirth, Mineola, for plaintiff.

OPINION OF THE COURT

KATHERINE A. LEVINE, J.

This case presents the novel issue of whether the notice requirements for verification requests, as contained in 11 NYCRR 65-3.5 and 65-3.6, apply to examinations under oath (EUO) that are noticed prior to the insurance company's receipt of claim forms (preclaim EUO). As will be set forth below, this court decides this issue in the negative.

Plaintiff Prime...

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