DAR prevails on summary judgment after Plaintiff rejects accompanying six-figure settlement offer
DAR attorneys Randy Moss and Lisa Pan scored another victory on summary judgment in a first-party bad faith lawsuit brought by an insured for water damage to a multi-unit residential building she owned. While the claim was pending the insurer requested five times that the insured submit to an examination under oath. She responded to the first demand contending that she would not sit for examination until she had an opportunity to retain counsel. But after she retained counsel, she never offered to schedule the examination. She ignored the four additional requests for examination and filed suit without ever submitting to the examination. After discovery closed and trial was continued, DAR moved for summary judgment, arguing that submitting to the examination was both a condition precedent to coverage and to suit. The motion was accompanied by a six-figure CCP Section 998 offer, which the insured and her counsel rejected on the belief they could create an issue of fact and force the matter to trial. The court granted the motion for summary judgment, rejecting the insured’s belated medical excuses, and finding that the insured’s dissatisfaction with the handling of her claim was not an excuse to avoid appearing for an EUO, that the multiple requests were reasonable, and that the insured was in breach of the policy condition. Judgment was entered for the carrier.
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