The Sixth Circuit Court of Appeals (federal court system) has ruled that an insurance carrier need not provide an insured with any of its investigation prior to the taking of an examination under oath. Many times, the insureds or their counsel, will request certain documentation from the file before the examination under oath is
cooperation
Is Prejudice Required to Avoid Recovery for Failure to Submit to an Examination Under Oath?
By Brandon McWherter on
Posted in Examinations Under Oath
Back in 2009, Parks wrote about the Spears v. TFMIC case and correctly cited it for the proposition that an insured must submit to an examination under oath upon request, and that a failure to do so can bar recovery on an insurance claim. Notably absent from the Spears opinion was any requirement of prejudice…