Legal Opinion

Sure Way NY, Inc. v. Travelers Insurance Co.

Civil Court of the City of New York

Decided December 8, 2016Published

1Opinion of the Court

OPINION OF THE COURT

Katherine A. Levine, J.

The novel issue presented is whether a no-fault insurer must request examinations under oath (EUOs) of all conceivable entities within 15 business days of receipt of a written notice of claim, as provided in 11 NYCRR 65-3.5 (b), or whether its 15 days in which to request an EUO starts anew after it completes one EUO and discovers the need for an additional EUO of another entity.

Plaintiff Sure Way NY, Inc. seeks to recover from defendant Travelers Insurance Co. no-fault benefits for services and medical equipment it provided to its assignor Rachel…

2Cases cited10 opinions

  1. Stephen Fogel Psychological, P.C. v. Progressive Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
  2. Unitrin Advantage Insurance v. Bayshore Physical Therapy, PLLCAppellate Division of the Supreme Court of the State of New York · 2011
  3. Nyack Hospital v. General Motors Acceptance Corp.New York Court of Appeals · 2007
  4. Stephen Fogel Psychological, P.C. v. Progressive Casualty InsuranceAppellate Terms of the Supreme Court of New York · 2004
  5. American Transit Insurance v. Jaga Medical Services, P.C.Appellate Division of the Supreme Court of the State of New York · 2015

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