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NATIONAL LIABILITY & FIRE INSURANCE COMPANY v. TAM MEDICAL SUPPLY CORP.

15234, 151174/14.

131 A.D.3d 851 (2015)

16 N.Y.S.3d 457

2015 NY Slip Op 06763

NATIONAL LIABILITY & FIRE INSURANCE COMPANY, Appellant, v. TAM MEDICAL SUPPLY CORP. et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 15, 2015.

Plaintiff no-fault insurer moved for summary judgment declaring that its policy does not provide coverage to the individual defendant for the subject accident based on her failure to appear for scheduled examinations under oath (EUO). Although the failure of a person eligible for no-fault benefits to appear for a properly noticed EUO constitutes a breach of a condition precedent vitiating coverage (see Hertz Corp. v Active Care Med. Supply Corp., 124...

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