Open claim avoids repudiation defense to DJ

Mapfre Ins. Co. of N.Y. v McKnight , 2013 NY Slip Op 31297(U)(Sup. Ct. NY Co.)(Edmead, J.)

I cannot copy and paste the pdf on this one but you should read it.  The gist of this case is that a declaration of non coverage was granted due to Claimant’s failure to appear for an EUO subsequent to a negative IME, since there were Pre-IME claims that were delayed pending further verification, thus negating the Domotor argument.  Therefore, the negative IME did not act as a bar to compel Claimant to cooperate with the terms and conditions of the insurance policy regarding his appearances at EUOs.

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