In Solano v. State Farm Florida Insurance Company, 4D12-1198 (Fla. 4DCA 2014), a Florida homeowner insurance claim case, the Florida Fourth District Court of Appeal held that it was improper to award summary judgment to an insurance company when the homeowner cooperated to some extent with the requests for an examination under oath. Here, the insurance company demanded an examination under oath for both owners of the home plus their Florida public adjuster. The husband attended the examination under oath but the Florida public adjuster refused claiming that he could not be compelled to do so. The homeowner and public adjuster provided documentation to support the claim to the insurance company and cooperated with inspection requests.
Regardless, the insurance company moved for summary judgment arguing that the homeowner violated the insurance policy by not cooperating with their investigation and providing a complete and meaningful examination under oath.
Florida Examination Under Oath
An examination under oath is a process allowed under a Florida insurance policy for the insurance company to question the homeowner about a claim. Insurance companies use the examination under oath to investigate the claim, the cause of loss and the extent of the damages claimed. Information gathered from an examination under oath is often used to support a decision by the insurance company to either pay or deny the insurance claim.
When requested, the attendance at an examination under oath by a homeowner is mandatory under the insurance policy. The failure of the homeowner to attend the examination under oath can be a breach of the insurance policy and lead to a denial of the claim.
The Fourth District Court of Appeal required a total failure to comply with an investigation and examination under oath request for summary judgment to be granted to an insurance company. Specifically, when there is some compliance and cooperation with insurance company requests, a question of fact remains whether there is a total failure to cooperate and that prevents summary judgment.
Florida Public Adjusters
Interestingly, the insurance company argued the refusal of the public adjuster’s refusal to attend the examination under oath was a breach of the Florida insurance policy. The public adjuster is not a party to the insurance contract between the insurance company and the homeowner.
Here, the homeowner arranged for the Florida Public Adjuster to attend the examination under oath but he on his own refused to attend. Since the insurance company could not show how the homeowner could compel the public adjuster to attend the examination under oath it was inappropriate to use this as a basis to deny the insurance claim.
Lessons Learned?
Obviously, if you want to be paid for your Florida insurance claim you must attempt to comply with the investigative request of the insurance company. Send the insurance company proof of your loss, including photos, receipts, etc. Permit the inspection of your home when requested by the insurance company. Attend an examination under oath if so requested. It is strongly suggested that you have a Florida attorney present with you during an examination under oath.
You will need to show at least some compliance with the reasonable requests of the insurance company if you do not want your Florida insurance claim denied from the outset. When you are in doubt whether the insurance company’s requests are reasonable or proper, that is the time to consult with a Florida insurance lawyer. In all those instances, please contact us if you, a colleague or family member is in need of help with a Florida insurance lawsuit or requires a Miami insurance lawyer.
Related Topics: Florida insurance law; Florida examination under oath, Florida insurance claim denial, Florida insurance lawsuit, Miami insurance lawyer, Florida insurance lawyer
