Insurance — Personal injury protection — Coverage — Conditions precedent — Examination under oath — Insurer properly denied coverage where insured willfully and materially breached policy by failing to attend three EUOs scheduled by insurer without providing any substantive explanation for her nonappearance — Argument that insurer must prove prejudice and lack of any degree of cooperation by insured is rejected where argument was raised for first time during oral argument — Insurer is not required to show prejudice from failure to satisfy condition precedent and, if prejudice was necessary, it is shown — There is no authority for argument that insurer must offer proof of insured’s level of cooperation, and record does not show even modicum of cooperation by insured or her counsel — Motion to amend complaint to add additional burden of proving lack of cooperation and reasonableness onto statutory EUO requirement is denied
Legal Topics
Insurance — Personal injury protection — Coverage — Conditions precedent — Examination under oath
Sep 08th, 2023 in by admin