More Refusal To Testify at Examination Under Oath
A similar conclusion was reached in Restina v. Aetna Casualty & Surety Co., 61 Misc 2d 574, 306 N.Y.S. 2d 219 (1969). The Fourth Circuit, applying Virginia law, held, in Powell v. United States Fidelity & Guaranty Co., 88 F. 3d 271 (4th Cir. 1996), that the insureds, after refusing to appear for an examination under oath, could not recover even though their house had been destroyed by fire.
The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.