UNITRIN ADVANTAGE INSURANCE COMPANY v. DOWD, M.D.

Index No. 156945/16. Appeal No. 13797. Case No. 2020-02680.

194 A.D.3d 507 (2021)

143 N.Y.S.3d 543

2021 NY Slip Op 03012

Unitrin Advantage Insurance Company, Appellant, v. Andrew J. Dowd, M.D., Respondent.

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

Decided May 11, 2021.


Attorney(s) appearing for the Case

Goldberg, Miller & Rubin P.C., New York ( Harlan R. Schreiber , of counsel), for appellant.

Economou & Economou, P.C., Syosset ( Ralph C. Caio of counsel), for respondent.

Concur—Kern, J.P., González, Scarpulla, Mendez, JJ.


Plaintiff sent defendant a timely request for an examination under oath (EUO) with respect to a claim for benefits in the amount of $6,106.56, for shoulder surgery performed by defendant on an individual that was a passenger in a vehicle involved in an accident, covered by a no-fault insurance policy issued by plaintiff. Defendant failed to appear and plaintiff denied all claims for benefits made by defendant.

The failure to appear for an EUO that was requested in...

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