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

0
3K

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.

Sponsored

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

Search
Categories
Read More
Other
Mafioso Cons Jeweler out of $2.09 Million not Covered by Insurance
Clear and Unambiguous Exclusion Must Be Enforced Read the full article at...
By Barry Zalma 2021-05-19 12:43:32 0 4K
Other
A Video of a True Crime Story of Insurance Fraud "Help, my House is Falling Into the Sea"
Even Honest People are Tempted To Commit Insurance Fraud Read the full article at...
By Barry Zalma 2021-04-21 12:53:57 0 6K
Politics
Precious moment between sister and baby brother
An extremely heartwarming moment was captured on camera as a little girl plays with her baby...
By Meme King 2021-01-03 22:23:51 0 3K
Other
A Video Explaining the Need for Subrogation
Investigation Needed to Effect a Right of Subrogation Read the full article at...
By Barry Zalma 2020-10-22 13:01:31 0 3K