Fifth District Court of Appeal Holds That Examinations Under Oath Are Not Conditions Precedent Unless Policy Specifies That Benefits Will Be Forfeited If Insured Fails to Attend
Posted in Newsletters - 2012 on May 18, 2012
Today, the Fifth District Court of Appeal, in Whistler's Park, Inc. v. FIGA, Case No. 5D10-2410, issued an opinion in a property insurance case that the policy requirement that the insured attend an EUO is not a condition precedent to suit. A copy of the Whistler's Parkcase is attached to this email. The appellate court relied on its prior decision in State Farm Mutual Automobile Ins. Co. v. Curran, 83 So. 3d 793 (Fla. 5th DCA 2011) as support for its decision.