• Appear for a Scheduled EUO or Lose

    Failure to Honor Conditions Precedent Voids Coverage in New York

    Post 4937

    Read the full article at https://www.linkedin.com/pulse/appear-scheduled-euo-lose-barry-zalma-esq-cfe-gvkec/, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    State Farm contended that it is entitled to summary judgment because of the failure to appear for examination under oath (EUO) by multiple defendants. State Farm contended that timely notices were properly mailed to the Claimants who failed to appear.

    In State Farm Mutual Automobile Insurance Company v. Alford A. Smith, M.D., et al, 2024 NY Slip Op 33802(U), Index No. 155607/2020, Motion Seq. No. 003, Supreme Court, New York County, Appellate Division (October 24, 2024) court ruled in favor of State Farm.

    The Supreme Court of New York County ORDERED that the plaintiff, State Farm Mutual Automobile Insurance Company’s (“State Farm/Plaintiff’), motion for summary judgment was GRANTED against defendants, Alford A. Smith, M.D., P.C., and the multiple other defendants who are doctors, chiropractors and other health services, (hereinafter collectively (“The Defendants”).

    FACTS

    The Supreme Court found that the EUO scheduling letters were timely requested and claimants failed to appear at that EUO. The documentary evidence showed that plaintiff sent the EUO scheduling letters to the claimants within 15 business days of receiving the prescribed verification forms as required by New York statute.

    FRAUD, FAILURE TO APPEAR FOR EUO & FAILURE TO SIGN TRANSCRIPT ARE BREACHES OF MATERIAL CONDITION PRECEDENT

    The Appellate Division upheld the Supreme Court’s ruling that the failure to appear for an EUO that was requested in a timely fashion by the insurer is a breach of a condition precedent to coverage and voids the policy ab initio. In addition, although claimant Griselda Torres unlike the other defendants, appeared for her EUO, Torres failed to return a subscribed copy of her EUO transcript.

    State Farm properly and effectively argued that appearing for and testifying at EUO and returning the transcripts of the EUO are conditions precedent to coverage and failure to sign and return the transcript warranted a denial of the claims.

    State Farm demonstrated in its motion and supporting evidence that multiple claimants breached a condition precedent to coverage by failing to appear for properly noticed EUOs on two separate occasions. Furthermore, claimant Griselda Torres’ failure to subscribe and return the transcript of her EUOsviolated a condition precedent to coverage and warranted denial of the claims.

    Moreover, there was nothing on the Court’s record to suggest that the scheduled EUOs were not justified, nor held at a place and time that was not reasonably convenient to the defendants.

    CONCLUSION

    State Farm’s motion seeking summary judgment in its favor was GRANTED as to THE multiple defendants and it was further ORDERED that any requested relief sought not expressly addressed herein has nonetheless been considered; and it was further ORDERED that the case shall continue against the remaining defendants; and it was further ORDERED that within 30 days of entry, plaintiff shall serve a copy of this decision/order upon the defendants with notice of entry.

    ZALMA OPINION

    The defendants in this case were doctors, physicians, chiropractors and other health care providers who billed State Farm for services provided to people who were injured in automobile accidents and assigned their rights to the providers who tried to collect their billings without complying with the EUO condition. They all lost their claims because they refused to appear except one defendant who appeared but failed to sign the transcript of the EUO and return it to State Farm. They all lost their claims and State Farm will continue its actions against many more defendants not subject to the motion.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    Appear for a Scheduled EUO or Lose Failure to Honor Conditions Precedent Voids Coverage in New York Post 4937 Read the full article at https://www.linkedin.com/pulse/appear-scheduled-euo-lose-barry-zalma-esq-cfe-gvkec/, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. State Farm contended that it is entitled to summary judgment because of the failure to appear for examination under oath (EUO) by multiple defendants. State Farm contended that timely notices were properly mailed to the Claimants who failed to appear. In State Farm Mutual Automobile Insurance Company v. Alford A. Smith, M.D., et al, 2024 NY Slip Op 33802(U), Index No. 155607/2020, Motion Seq. No. 003, Supreme Court, New York County, Appellate Division (October 24, 2024) court ruled in favor of State Farm. The Supreme Court of New York County ORDERED that the plaintiff, State Farm Mutual Automobile Insurance Company’s (“State Farm/Plaintiff’), motion for summary judgment was GRANTED against defendants, Alford A. Smith, M.D., P.C., and the multiple other defendants who are doctors, chiropractors and other health services, (hereinafter collectively (“The Defendants”). FACTS The Supreme Court found that the EUO scheduling letters were timely requested and claimants failed to appear at that EUO. The documentary evidence showed that plaintiff sent the EUO scheduling letters to the claimants within 15 business days of receiving the prescribed verification forms as required by New York statute. FRAUD, FAILURE TO APPEAR FOR EUO & FAILURE TO SIGN TRANSCRIPT ARE BREACHES OF MATERIAL CONDITION PRECEDENT The Appellate Division upheld the Supreme Court’s ruling that the failure to appear for an EUO that was requested in a timely fashion by the insurer is a breach of a condition precedent to coverage and voids the policy ab initio. In addition, although claimant Griselda Torres unlike the other defendants, appeared for her EUO, Torres failed to return a subscribed copy of her EUO transcript. State Farm properly and effectively argued that appearing for and testifying at EUO and returning the transcripts of the EUO are conditions precedent to coverage and failure to sign and return the transcript warranted a denial of the claims. State Farm demonstrated in its motion and supporting evidence that multiple claimants breached a condition precedent to coverage by failing to appear for properly noticed EUOs on two separate occasions. Furthermore, claimant Griselda Torres’ failure to subscribe and return the transcript of her EUOsviolated a condition precedent to coverage and warranted denial of the claims. Moreover, there was nothing on the Court’s record to suggest that the scheduled EUOs were not justified, nor held at a place and time that was not reasonably convenient to the defendants. CONCLUSION State Farm’s motion seeking summary judgment in its favor was GRANTED as to THE multiple defendants and it was further ORDERED that any requested relief sought not expressly addressed herein has nonetheless been considered; and it was further ORDERED that the case shall continue against the remaining defendants; and it was further ORDERED that within 30 days of entry, plaintiff shall serve a copy of this decision/order upon the defendants with notice of entry. ZALMA OPINION The defendants in this case were doctors, physicians, chiropractors and other health care providers who billed State Farm for services provided to people who were injured in automobile accidents and assigned their rights to the providers who tried to collect their billings without complying with the EUO condition. They all lost their claims because they refused to appear except one defendant who appeared but failed to sign the transcript of the EUO and return it to State Farm. They all lost their claims and State Farm will continue its actions against many more defendants not subject to the motion. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    0 Comments 0 Shares 153 Views
  • THESE PEOPLE ARE STILL COMING HERE BECAUSE THE DEEP STATE THAT IS DRIVING THEM IS TELLING THEM LIES...
    A massive caravan is on its way to the US...
    THESE PEOPLE ARE STILL COMING HERE BECAUSE THE DEEP STATE THAT IS DRIVING THEM IS TELLING THEM LIES... A massive caravan is on its way to the US...
    Like
    Angry
    2
    0 Comments 0 Shares 39 Views 1
  • https://babylonbee.com/news/police-three-other-people-responsible-for-laken-rileys-death-still-at-large
    https://babylonbee.com/news/police-three-other-people-responsible-for-laken-rileys-death-still-at-large
    BABYLONBEE.COM
    Police Warn Three Other People Responsible For Laken Riley???s Death Still At Large
    U.S. ??? With Jose Ibarra now convicted of Laken Riley's murder, police warned that the three others responsible for her death still remained at large.
    0 Comments 0 Shares 49 Views
  • https://www.globalresearch.ca/us-people-negatively-react-biden-reported-decision-ukraine/5873297
    https://www.globalresearch.ca/us-people-negatively-react-biden-reported-decision-ukraine/5873297
    WWW.GLOBALRESEARCH.CA
    US People Negatively React to Biden’s Reported Decision on Ukraine
    Apparently, the reported authorization of long-range strikes by Ukraine is having a major negative impact on the US domestic level. Opposition leaders to the Biden administration and even non-political personalities are protesting strongly against the president’s decision, which indicates that Biden will face even more unpopularity in his final weeks in office. On November 17, …
    0 Comments 0 Shares 62 Views
  • GLOBE EARTH MATH, EVERYTHING = 666 COINCIDENCE?

    just a coincidence ?
    Yeah, and I'm going to hit the lottery TWICE later today!

    How do you go about telling the people you love that the DEVIL has been leading us all around by the nose our entire lives???

    WHILE attempting to stay out of the mental asylum!

    The hardest part is just getting them to LOOK
    at what you are saying, if you can do that you have a small chance

    https://old.bitchute.com/video/5xrtEk3qCfAZ/
    GLOBE EARTH MATH, EVERYTHING = 666 COINCIDENCE? just a coincidence ? Yeah, and I'm going to hit the lottery TWICE later today! How do you go about telling the people you love that the DEVIL has been leading us all around by the nose our entire lives??? WHILE attempting to stay out of the mental asylum! The hardest part is just getting them to LOOK at what you are saying, if you can do that you have a small chance https://old.bitchute.com/video/5xrtEk3qCfAZ/
    OLD.BITCHUTE.COM
    GLOBE EARTH MATH, EVERYTHING = 666 COINCIDENCE?
    Keep drinking the satanic joo space-laser hollywood kool-aid, it's good for you.
    0 Comments 0 Shares 79 Views
  • SETTING THE RECORD STRAIGHT ONCE AND FOR ALL -
    WHO ARE GOD’S CHOSEN PEOPLE? (SEE LINK IN DESC.)

    #Jews are definitely NOT "God's People"


    https://old.bitchute.com/video/41g95tA3clTR/
    SETTING THE RECORD STRAIGHT ONCE AND FOR ALL - WHO ARE GOD’S CHOSEN PEOPLE? (SEE LINK IN DESC.) #Jews are definitely NOT "God's People" https://old.bitchute.com/video/41g95tA3clTR/
    OLD.BITCHUTE.COM
    Setting the record straight once and for all - Who are God’s chosen people? (See link in desc.)
    Link to "An eye opening message to ALL Christians regarding Israel" https://old.bitchute.com/video/2Yr1DqoNuhUL/ For over 1800 years, the Jews were scattered throughout all nations without a homeland. Then, in 1948, the impossible happened: the St…
    0 Comments 0 Shares 52 Views
  • SETTING THE RECORD STRAIGHT ONCE AND FOR ALL -
    WHO ARE GOD’S CHOSEN PEOPLE? (SEE LINK IN DESC.)

    https://old.bitchute.com/video/41g95tA3clTR/
    SETTING THE RECORD STRAIGHT ONCE AND FOR ALL - WHO ARE GOD’S CHOSEN PEOPLE? (SEE LINK IN DESC.) https://old.bitchute.com/video/41g95tA3clTR/
    OLD.BITCHUTE.COM
    Setting the record straight once and for all - Who are God’s chosen people? (See link in desc.)
    Link to "An eye opening message to ALL Christians regarding Israel" https://old.bitchute.com/video/2Yr1DqoNuhUL/ For over 1800 years, the Jews were scattered throughout all nations without a homeland. Then, in 1948, the impossible happened: the St…
    0 Comments 0 Shares 41 Views
  • https://thepeoplesvoice.tv/congress-launches-criminal-investigation-into-ccdh-for-attempted-coup-in-america/
    https://thepeoplesvoice.tv/congress-launches-criminal-investigation-into-ccdh-for-attempted-coup-in-america/
    THEPEOPLESVOICE.TV
    Congress Launches Criminal Investigation Into CCDH for ‘Attempted Coup in America’
    The Countering Digital Hate (CCDH) has been ordered to appear before a congressional inquiry by November 21 over the far-left group's collusion with the Biden regime to censor Americans and attempt a coup d'état in America.
    0 Comments 0 Shares 80 Views
  • https://thepeoplesvoice.tv/general-flynn-republican-members-of-congress-want-biden-impeached-for-bombing-russia-illegally/
    https://thepeoplesvoice.tv/general-flynn-republican-members-of-congress-want-biden-impeached-for-bombing-russia-illegally/
    THEPEOPLESVOICE.TV
    General Flynn & Republican Members Of Congress Want Biden Impeached For Bombing Russia Illegally
    Lt. Gen. Michael Flynn General Flynn has said that US president Joe Biden must be removed IMMEDIATELY. He and others are calling for Biden’s removal after he authorized Ukraine to use US missiles to strike Russia, [...]
    0 Comments 0 Shares 88 Views
  • https://thepeoplesvoice.tv/biden-to-send-banned-landmines-to-ukraine/
    https://thepeoplesvoice.tv/biden-to-send-banned-landmines-to-ukraine/
    THEPEOPLESVOICE.TV
    Biden To Send Banned Landmines To Ukraine
    US President Joe Biden has authorized a shipment of anti-personnel landmines to Ukraine, a policy that he once called “reckless.” A US Defence official said that the weapons will help Kiev “blunt” the advancement of [...]
    0 Comments 0 Shares 52 Views
More Results
Sponsored

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here