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 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.”

The following video was adapted from my book, “Insurance Claims A Comprehensive Guide” Published by the National Underwriter Company and is available at the Zalma Insurance Claims Library

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