A condominium association-policyholder produced a person to testify on its behalf at its examination under oath (EUO). The association had a pending claim for property damage from Hurricane Wilma under its commercial property insurance policy with QBE. In addition, the condominium association filed a Civil Remedy Notice (CRN), a condition precedent to pursuing a statutory bad faith action under Florida law.
The policy required, in a standard provision in such insurance policies, among other things that the policyholder submit to examination under oath (EUO).
However, although the person provided by the association was "its treasurer," the person "knew very little about the claim and did nothing to prepare for the EUO."[1]
QBE, the commercial property insurer, "provided evidence that [the association's representative who testified at the EUO] did not fully participate in the EUO.... Plaintiff has not rebutted such evidence. Thus, Plaintiff has not met its burden for summary judgment, and accordingly, Plaintiff's motion will be denied on this issue."[2]
This is an issue certain to arise again at Trial, should this case proceed that far.
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