Goldman v. State Farm Fire Gen. Ins. Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that policy provisions requiring examinations under oath were conditions precedent to suit rather than cooperation clauses
• holding that where the insured fails to comply with a condition precedent to filing suit, including submitting to an examination under oath, the insurer is entitled to summary judgment as a matter of law
• holding that an EUO was “a condition precedent to suit” and that the insured’s failure to comply “preclude[d] an action on the policy regardless of a showing of prejudice by the insurer”
• holding that “insured's refusal to comply with a demand for an examination under oath is a willful and material breach of an insurance contract which precludes the insured from recovery under the policy”
• holding that where the insured fails to comply with a condition precedent to filing suit, including submitting to an examination under oath, the insurer is entitled to summary judgment as a matter of law
• holding that “the policy provision at issue [an EUO requirement] is a condition precedent to suit and that [the insureds]’ noncompliance precludes an action on the policy regardless of a showing of prejudice by the insurer.”

Source: CourtListener parenthetical corpus (CC0).