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EUO no-show – correct statement of law

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Excel Prods., Inc. v Farmington Cas. Co., 2021 NY Slip Op 50441(U)(App. Term 2d Dept. 2021)

I was just discussing Dowd. Then you have this: “Contrary to defendant’s contention, defendant failed to demonstrate that it was entitled to summary judgment dismissing the complaint based on plaintiff’s failure to appear for EUOs, since the initial EUO request to plaintiff had been sent more than 30 days after defendant had received the claims at issue and, therefore, the requests were nullities as to those claims…”

Put aside the need to timely deny – I agree with Unitrin on that point. This is a proper statement of law. How can you cooperate with a bill that is overdue?

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