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Tennessee Insurance Litigation Blog

Legal insights on insurance litigation in the State of Tennessee

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Is Prejudice Required to Avoid Recovery for Failure to Submit to an Examination Under Oath?

By Brandon McWherter on June 1, 2013
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…

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E. Jason Ferrell
Brewer, Krause, Brooks, Chastain & Meisner, LLC

Brandon McWherter
McWherter Scott Bobbitt PLC

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About This Publication

The Tennessee Insurance Litigation Blog offers legal insights on insurance litigation in Tennessee from a pair of attorneys on both sides of the discussion. Brandon McWherter, a partner at McWherter Scott Bobbitt PLC, provides the policyholder’s perspective. E. Jason Ferrell, a member in the Nashville-based firm Brewer, Krause, Brooks, Chastain & Meisner, LLC, offers the insurance company’s perspective.

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