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.

Sponsor

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

Zoeken
Categorieën
Read More
Other
Late Claim Costs Plaintiff
Late Claim Costs Plaintiff Read the full article at https://lnkd.in/g3cAFY4m and see the full...
By Barry Zalma 2023-01-16 13:42:15 0 3K
Politics
Top 15 Deadliest Ingredients Ever Found In Vaccines - Number One Will Blow You Away
Back to the start #1 Human and Animal Cells Human DNA from aborted BABIES. Pig blood, horse...
By Wym Creator 2021-09-09 09:31:34 2 4K
Other
Murder Pays
Murder Pays Posted on January 11, 2024 by Barry Zalma     LIFE INSURANCE FRAUD FOR...
By Barry Zalma 2024-01-11 13:43:32 0 2K
Other
A Video Asking What is a Moral Hazard?
Recognizing a Moral Hazard in the Underwriting of Insurance Read the full article at...
By Barry Zalma 2021-06-03 13:18:47 0 5K
Politics
If you think 1783 saw the end of British Empire efforts to destroy the USA, you aren't watching the west coast... and more.
If you happen to think that today's violence and attempts to undermine the authority and...
By Scarecrow III 2020-10-12 22:14:39 0 5K