RVA Leasing Corp. v Nationwide Mut. Ins. Co.

Holding The court reversed the lower court’s denial of summary judgment, granting the insurer’s motion to dismiss the complaint for first-party no-fault benefits. The insurer established that it timely mailed examination under oath notices and provided specific objective justification for the examinations, while the plaintiff failed to raise any issue of fact regarding their failure to appear.

The court’s words

Defendant made a prima facie showing that it timely and properly mailed the notices for examinations under oath

2026 NY Slip Op 51527[U], at the official text

The affidavit of defendant's attorney sufficiently described the standard practices and procedures of his office for mailing EUO scheduling letters

2026 NY Slip Op 51527[U], at the official text

In opposition, plaintiff failed to raise any issue of fact

2026 NY Slip Op 51527[U], at the official text

defendant provided a specific objective justification for conducting EUOs

2026 NY Slip Op 51527[U], at the official text