Judge Carol Feinman
Insurer State Farm and provider Natural Therapy Acupuncture (NTA) both moved for summary judgment in this no-fault action against State Farm relating to injuries stemming from a motor vehicle accident. State Farm argued NTA failed to establish its prima facie entitlement to no-fault payments as it breach a condition precedent to coverage by failing to appear for an examination under oath (EUO). NTA argued the reasonableness of State Farm’s EUO request, also contending that their notices and denials were neither properly generated, nor timely mailed. The court stated NTA did not establish it ever objected to any part of State Farm’s EUO notices, noting the Appellate Term clearly decided that it would decline to consider the plaintiff’s argument due to plaintiff’s failure to submit objections before an application to the court. As such, this court, following precedent, also declined to consider NTA’s argument, denying it summary judgment. Also, NTA’s failure to comply with a condition precedent to coverage voided the policy contract ab initio, and State Farm was not obligated to pay the claim, regardless of whether it issued denials beyond the 30-day period. Thus, State Farm’s summary judgment motion was granted.
