Rutland Medical, P.C. v. State Farm Insurance

OPINION OF THE COURT

Devin P. Cohen, J.

Defendant’s motion for summary judgment is decided as follows:

Defendant’s motion is granted to the extent that it established the timely and proper generation and mailing of examination under oath (EUO) scheduling letters and plaintiff’s failure to appear on the scheduled EUO dates of January 18, 2013 and February 13, 2013. Defendant also established that the claims were timely denied.

Plaintiff, in opposition, does not challenge the timely mailing of defendant’s EUO requests or denials or that plaintiff failed to appear on the scheduled dates. Rather,…