Question

Hector's house was damaged by fire. He obtained three independent appraisals to repair the damage and submitted the appraisals to his insurer, informing the insurer that he was willing to accept use of the lowest appraisal as a basis for his insurance reimbursement. The adjuster for the insurance company asked Hector to submit to an oral examination under oath concerning the fire, but Hector refused. The insurance company denied reimbursement based on Hector's refusal to provide the examination under oath. If the court follows the case in the text Hamilton v. State Farm Fire & Casualty Insurance Company, will Hector recover under the policy?

Answer 1

Answer:

No

Explanation:

The insurer will prevail if it can establish actual prejudice based on Hector's refusal toprovide an examination under oath.