Sunday, June 21, 2009

Examination Under Oath

- A request for an Examination Under Oath to an insured party’s attorney is not sufficient notification to the injured party under New York’s No-Fault Law and Regulations Star Medical Services, P.C. v. Allstate Insurance Co.

- A denial of first party benefits under the No-Fault Law can not be based on statements and suppositions made by a person who lacks personal knowledge of the situation. Star Medical Services, P.C. v. Allstate Insurance Co.

- Insurer must serve request for additional verification within fifteen days of the date that the bill or prior verification is received. 11 NYCRR §65-3.6(b)

- Further, when the additional request is an examination under oath, the examination must be scheduled within thirty days from the date bill is received. 11 NYCRR §65-3.5(d)

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