Refusal to Testify at EUO is a Breach of a Condition Precedent

0
3كيلو بايت

Court of Appeal Requires Third Trial of Breach of Condition Precedent Case

Read the full article at https://www.linkedin.com/pulse/refusal-testify-examination-under-oath-breach-barry-zalma-esq-cfe and at https://zalma.com/blog and more than 3800 posts.

Generally, across the country, testifying at a properly noticed Examination Under Oath (EUO) is a condition precedent to coverage for any claim. In SAFECO Insurance Company Of Illinois v. Fleurimond Barthelemy, No. 4D20-1045, Florida Court of Appeals, Fourth District (July 14, 2021), in its second trip to the Florida Court of Appeal, the insurer appealed a verdict in favor of the insured.

ZALMA OPINION

The Florida Court of Appeal, although reaching a correct result that reversed the trial court finding in favor of the insured, should have followed the decision of the U.S. Supreme Court in Claflin, found that the refusal to testify at an EUO was a breach of a material condition precedent and entered judgment in favor of the insurer. Rather, it now requires SAFECO to go through a third trial to again prove the breach of a material condition sufficient to allow it to refuse to pay neither defense nor indemnity.

إعلان مُمول

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

البحث
الأقسام
إقرأ المزيد
الرئيسية
Passover is Coming
Every Jewish Father is Obligated to Tell the Story of Exodus See the full article at...
بواسطة Barry Zalma 2022-03-07 15:34:10 0 7كيلو بايت
أخرى
Zalma's Insurance Fraud Letter - April 15, 2023
Zalma’s Insurance Fraud Letter – April 15, 2023 Read the full issue of...
بواسطة Barry Zalma 2023-04-14 12:55:09 0 3كيلو بايت
أخرى
Post Loss Underwriting
“Post Loss Underwriting” – How the Equitable Remedy of Rescission Was Changed...
بواسطة Barry Zalma 2023-11-07 20:52:15 0 4كيلو بايت
Politics
Manhattan DA hires high profile 'mob lawyer' to help investigate Trump
The Manhattan district attorney's office has hired a high-profile attorney with decades of...
بواسطة Wym Creator 2021-02-22 13:03:37 1 4كيلو بايت