NATIONWIDE v. JAMAICA

925 CA 18-00555.

167 A.D.3d 192 (2018)

89 N.Y.S.3d 498

2018 NY Slip Op 07850

NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA et al., Respondents, v. JAMAICA WELLNESS MEDICAL, P.C., Appellant.

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

Decided November 16, 2018.


Attorney(s) appearing for the Case

Kopelevich & Feldsherova, P.C., Brooklyn ( Mikhail Kopelevich of counsel), for defendant-appellant.

Hollander Legal Group, P.C., Melville ( Allan Hollander of counsel), and Harris J. Zakarin, P.C., for plaintiffs-respondents.

CENTRA, J.P., CARNI, CURRAN and WINSLOW, JJ. concur.


OPINION OF THE COURT

In this appeal, we must determine whether an insurer in a no-fault benefits case may be precluded from asserting a defense premised upon the failure of the insured or that person's assignee to appear at an examination under oath (EUO) where the insurer has not timely denied coverage. We hold that such...

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