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The concepts of "EUO/IME No Show" are well known in the no-fault world. However, what an insurer has to do to establish that an assignor failed to appear at an examination under oath (EUO) or independent medical examination (IME) has generated much litigation, with varying results. With the recent Appellate Division, First Department, decision in Unitrin Advantage Ins. v. Bayshore Physical Therapy, 82 A.D.3d 559 (1st Dept. 2011), lv. denied, 17 N.Y.3d 705 (2011), which generally states that "no show" defenses cannot be precluded by late denials, it is likely that the courts will continue to see more litigation based on an assignor’s failure to appear for scheduled examinations. It is time for the no-fault regulations to be clarified with regard to the proof and mailing requirements for an insurer to sustain a "no show" defense.

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