Monthly Archives: March 2016

Insurance 101 – Chapter 12 – Volume 10 – Denial for Failure to Appear – 2

 Denial for Failure to Appear – 2 One of the most important findings of the court with regard to the failure and refusal of the insured to appear at examination under oath is its finding that there was no requirement … Continue reading

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Insurance 101 – Chapter 12 – Volume 9 – Denial for Failure to Appear

Denial for Failure to Appear In California the Court of Appeal concluded that, as a matter of law, the insured violated the requirement of the insurance policy that he submit to an examination under oath; that the insurer could on … Continue reading

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Insurance 101 – Chapter 12 – Volume 8 – Reasonableness of the Examination Requirement

Reasonableness of the Examination Requirement Courts have consistently held that the requirement in an insurance policy that an insured submit to an examination under oath is reasonable. More than 80 years ago, in Hickman v. London Assurance Corp., 184 Cal. … Continue reading

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Insurance 101 – Chapter 12 – Volume 7 – Document Production -2

Document Production -2 The insured in Rymsha attempted to defeat the insurer’s argument by claiming the insurer was not prejudiced by her failure to produce  documents. The Court rejected the argument and found that the failure to produce the reasonably … Continue reading

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Insurance 101 – Chapter 12 – Volume 6 – Document Production

Document Production The insured, as often as may be reasonably required, shall exhibit to any person designated by this company all  that remains of any property herein described and submit to examination under oath by any person named by this … Continue reading

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Insurance 101 – Chapter 12 – Volume 5 – EUO – 2

EUO – 2 There is no escape from the conclusion that these witnesses purposely refused to answer questions which were material to the inquiry. We see no basis for refusal to answer upon the ground that they were controversial or … Continue reading

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Insurance 101 – Chapter 12 – Volume 4 – The Interview – The EUO

The Interview – The EUO The examination under oath is a more formal interview than a statement normally taken by an adjuster. It is taken under the authority provided by a condition of the policy that compels the insured to … Continue reading

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