BBS Secures Summary Judgment for Insurance Client in Declaratory Judgment Action

Congratulations to BBS Member Alex R. Garriga and the New York SIU/No-Fault Team for obtaining summary judgment on behalf of our insurance company client in a declaratory judgment action against a medical provider.

In this matter, our client sought a declaration from the Court that it was not obligated to provide No-Fault benefits based on the provider’s repeated failure to appear for Examinations Under Oath (EUOs) – a breach of a condition precedent to coverage under the applicable insurance policies. The Court agreed, finding that the insurer had submitted sufficient proof of the timely mailing of EUO notices and the provider’s failure to appear, thereby entitling the insurer to summary judgment.

This result reinforces the importance of diligent claims investigation and the enforceability of policy conditions in the No-Fault context.