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Notice/Prejudice

Watching the Detectives: Washington Court Opens Door to Second-Guessing Insurers’ Investigations of Claims

February 13, 2013 by Scott C. Shine

In a case of first impression, the Supreme Court of Washington has ruled that an insurer’s express and unqualified contractual right to request an examination under oath is subject to an implied requirement that the request be “reasonable or material.”  The court further held that an insured’s refusal of even a reasonable request for an EUO will not excuse the insurer from paying a claim, absent a showing of actual prejudice.  The court’s ruling means insurers cannot ... Keep Reading »

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