What is the effect of requiring an insured to submit an examination under oath in order to process a claim?

California, United States of America


The following excerpt is from Diamond Blue Enters., LLC v. Cont'l Ins. Co., B254256 (Cal. App. 2015):

necessary to process the claim: "'"As the facts with respect to the amount and circumstances of a loss are almost entirely within the sole knowledge of the insured, . . . it is necessary that it [the insurer] have some means of cross-examining, as it were, upon the written statement and proofs of the insured, for the purpose of getting at the exact facts before paying the sum claimed of it. Such considerations justify the provision . . . requiring the insured as often as demanded to submit to an examination under oath touching all matters material to the adjustment of the loss, and provisions of that character are held to be reasonable and valid."' [Citation.] An insured's failure to comply with the policy requirement for examination under oath deprives the insurer of a means for obtaining information necessary to process the claim." (Brizuela v. CalFarm Ins. Co. (2004) 116 Cal.App.4th 578, 591-592.)

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