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COUNTRY-WIDE INS. CO. v. GOTHAM MED., P.C.

109903/11, 4823, 4822.

154 A.D.3d 608 (2017)

2017 NY Slip Op 07538

63 N.Y.S.3d 349

COUNTRY-WIDE INSURANCE COMPANY et al., Respondents, v. GOTHAM MEDICAL, P.C., Appellant.

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

Decided October 26, 2017.

The refusal by defendant's principal, Dr. Alexandre Scheer, to answer questions at an examination under oath (EUO) about his compliance with a consent agreement and order he had entered into with the Office of Professional Medical Conduct (OPMC) constituted a failure to comply with the request for an EUO, a condition precedent to coverage under the insurance policy (see Hertz Corp. v Active Care Med. Supply Corp., 124 A.D.3d 411...

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