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KEMPER INDEPENDENCE INS. CO. v. CORNERSTONE CHIROPRACTIC, P.C.

11809. 155881/16.

185 A.D.3d 468 (2020)

124 N.Y.S.3d 794

2020 NY Slip Op 03876

Kemper Independence Insurance Company, Appellant, v. Cornerstone Chiropractic, P.C., et al., Defendants, and JS Medical, P.C., et al., Respondents.

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

Decided July 9, 2020.

The claimants' failure to subscribe and return the transcripts of their examinations under oath (EUOs) violated a condition precedent to coverage and warranted denial of the claims (see Hereford Ins. Co. v Forest Hills Med., P.C., 172 A.D.3d 567 [1st Dept 2019]). This is so notwithstanding plaintiff's failure to present proof of proper delivery of the denials (see Unitrin Advantage Ins. Co. v Bayshore Physical Therapy...

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