Abstract
The state and federal courts have considered the appropriate remedy to provide insurance companies when their insureds fail to submit to examinations under oath or produce documents during claim investigations. The courts have created a wide variety of remedies for the insured’s breach of the policy provisions, some of which frustrate the purpose of the requirements imposed on the insured by the insurance policy. In this Article, the author argues that the courts should apply the fundamental rules governing the construction and enforcement of all contracts and effectuate the purposes of the contractual requirements placed on insureds when fashioning the remedy for the breach of those requirements.
Recommended Citation
James E. DeFranco,
The Penalty for Failing to Submit to an Examination Under Oath,
38
S. Ill. U. L.J.
261
(2014).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol38/iss2/3