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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…

Published By:
Brandon McWherter

OF MCWHERTER SCOTT & BOBBITT PLC

Parks T. Chastain

OF BREWER, KRAUSE, BROOKS & CHASTAIN, PLLC

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Published By:
Brandon McWherter

OF MCWHERTER SCOTT & BOBBITT PLC

Parks T. Chastain

OF BREWER, KRAUSE, BROOKS & CHASTAIN, PLLC

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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. Parks T. Chastain, a member in the Nashville-based firm Brewer, Krause, Brooks & Chastain, PLLC, offers the insurance company’s perspective.

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