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, Unitrin was still required to provide sufficient evidence to enable the court to determine whether the notices it served on Dr. Dowd for the EUOs satisfied to the timeliness requirements of 11 NYCRR 65-3.5 (b) and 11 NYCRR 65-3.6 (b) (see Kemper Independence Ins. Co. v Adelaida Physical Therapy, P.C.,
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UNITRIN ADVANTAGE INS. CO. v. ALL OF NY, INC.
5629. 154138/14.
158 A.D.3d 449 (2018)
71 N.Y.S.3d 16
2018 NY Slip Op 00810
UNITRIN ADVANTAGE INSURANCE COMPANY, Respondent, v. ALL OF NY, INC., et al., Defendants, and ANDREW J. DOWD, M.D., Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided February 6, 2018.
Decided February 6, 2018.
Appellate Division of the Supreme Court of New York, First Department.
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