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KEMPER INDEPENDENCE INS. CO. v. AB MED. SUPPLY, INC.

Index No. 153707/18. Appeal No. 12229. Case No. 2020-02270.

187 A.D.3d 671 (2020)

131 N.Y.S.3d 556

2020 NY Slip Op 06209

Kemper Independence Insurance Company, Appellant, v. AB Medical Supply, Inc., et al., Respondents, et al., Defendants.

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

Decided October 29, 2020.

Plaintiff no-fault insurer failed to provide the injured claimant's assignees with the "specific objective justification" for its request that the injured claimant submit to an examination under oath (EUO) to establish proof of claim (11 NYCRR 65-3.5[e]; see American Tr. Ins. Co. v Jaga Med. Servs., P.C., 128 A.D.3d 441 [1st Dept 2015]). As the criteria by which plaintiff determined that an EUO was required constitute facts unavailable...

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