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?
A)No,the insurer will prevail based on Hector's refusal to provide an examination under oath regardless of whether or not it can establish actual prejudice.
B)No,the insurer will prevail if it can establish actual prejudice based on Hector's refusal to provide an examination under oath.
C)Yes,Hector will prevail only if he is able to establish that the insurer was not prejudiced by his refusal to provide an examination under oath;and,assuming he is able to do so,he will be allowed to recover penalties and attorney fees.
D)Yes,Hector will prevail without any obligation to establish that the insurer was not prejudiced by his refusal to provide an examination under oath,and he will also be allowed to recover penalties and attorney fees.
E)Yes,Hector will prevail even if he refuses to provide an examination under oath,but he will not be allowed to recover penalties or attorney fees.

Question

Quizplus · Accepted Answer

A)According to the court in Hamilton v.State Farm Fire & Casualty Insurance Company failure to cooperate with an insurer when requested to provide an examination under oath has been held to be a material breach and a defense to suit on the policy.The court also recognized that the burden is on the insurer to show actual prejudice.
B)According to the court in Hamilton v.State Farm Fire & Casualty Insurance Company failure to cooperate with an insurer when requested to provide an examination under oath has been held to be a material breach and a defense to suit on the policy.The court also recognized that the burden is on the insurer to show actual prejudice.
C)According to the court in Hamilton v.State Farm Fire & Casualty Insurance Company failure to cooperate with an insurer when requested to provide an examination under oath has been held to be a material breach and a defense to suit on the policy.The court also recognized that the burden is on the insurer to show actual prejudice.
D)According to the court in Hamilton v.State Farm Fire & Casualty Insurance Company failure to cooperate with an insurer when requested to provide an examination under oath has been held to be a material breach and a defense to suit on the policy.The court also recognized that the burden is on the insurer to show actual prejudice.
E)According to the court in Hamilton v.State Farm Fire & Casualty Insurance Company failure to cooperate with an insurer when requested to provide an examination under oath has been held to be a material breach and a defense to suit on the policy.The court also recognized that the burden is on the insurer to show actual prejudice.

Hector's House Was Damaged by Fire