Strategies, Challenges, and Answers

Assertion Of Fifth Amendment Privilege No Excuse For Refusing An EUO

On July 19, 1985, a fire damaged the Pervis' home. Mr. Pervis filed a claim with his homeowner's insurance company State Farm. However the fire was suspicious. State Farm asked for an examination under oath. But before it could go forward, the authorities brought charges of arson against Mr. Pervis. When the time came for the EUO to go forward, Mr. Pervis asserted his Fifth Amendment right to remain silent and refused to sit for an examination.The arson trial went forward and Mr. Pervis was … [Read more...]

Can Anyone Find A Reported Nevada Case That Deals With Examinations Under Oath?

An insured’s obligation to give an Examinations Under Oath in conjunction with an insurance claim has been around a long time.  Take for example the case of Claflin v. Commonwealth Ins. Co., 110 U.S. 81, 3 S. Ct. 507, 28 L. Ed. 76 (1884).  There, the U.S. Supreme Court explained that the purpose behind an Examination Under Oath was "to enable the [insurance] company to possess itself of all knowledge and all information as to other sources and means of knowledge, in regard to the facts, material … [Read more...]

Got Questions?

These posts on the Mills & Associates Nevada Coverage & Bad Faith Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation.As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts.Likewise, please submit questions … [Read more...]

Avoiding Insurance Coverage Based On Misrepresentation Or Fraud In The Application

Courts always struggle when they are asked to deny insurance coverage. The reason for the struggle is simple. Carriers argue that they should not have to insure a loss where the insured provided misleading facts in the application. However, the insureds point out that insurance carriers have accepted their premiums and the insureds have operated under the impression that the coverage sought had been provided.Misrepresentations or fraud in the application can be the basis for avoiding … [Read more...]