State Farm Mut. Auto. Ins. Co. v Equinox Physical Therapy, P.C.
EUO notices mailed before receipt of the providers' no-fault verification forms are not subject to the 15-day period in 11 NYCRR 65-3.5. The Appellate Division, First Department, affirmed summary judgment for the insurer on its declaratory judgment causes of action. A claim specialist supplied affidavits concerning notices sent to the claimants' residences, and an attorney with personal knowledge established two EUO nonappearances through an affirmation and transcripts. Those nonappearances vitiated the policy, so the insurer did not need to establish timely claim denials. The providers failed to raise a factual issue or justify further discovery; their request rested on speculation, without an affidavit showing essential facts might exist but could not yet be stated under CPLR 3212 (f).