More on The Need to Prove Prejudice
A substantial line of cases supports the rule that an insurer need not show prejudice when the insured breaches a condition precedent to suit. New Mexico law requires a showing of substantial prejudice before an insurer can void coverage because of a failure to appear for examination under oath or failure to produce a proof of loss.
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.