EUO CASE FROM THE 2D DCA

EUO CASE FROM THE 2D DCA;
Attached is an interesting EUO case from the 2d DCA. The issues presented are multifaceted, but imbedded in the decision is the issue of whether or not an insured who has exhausted PIP benefits but may who still seek UM/UIM benefits must still sit for an EUO, even though they have not sought or are not seeking UM/UIM benefits. There is also the issue of the insurer writing to the insured requesting information, cooperation and reserving rights. In sum, the court held the insured must sit for the EUO under the foregoing facts and circumstances.

This case highlights a fact scenario we often face when benefits are exhausted. Claimants take the position that once benefits are exhausted, there is no further duty to attend an EUO, IME, etc. Here, however, it should be noted that the insurer still had a UM/UIM exposure. That may make a difference in the end.

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