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 that the insurer prove it was prejudiced as a result of the failure of the insured to appear. The court concluded that there “is no California authority … that requires an insurer to show prejudice before denying policy benefits to an insured who has violated a policy provision requiring submission to an examination under oath.”
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