United States Fidelity & Guaranty Company, Plaintiff-Counter v. A. Buford Wigginton, D/B/A Pickens Pharmacy, Defendant-Counter

How courts have described this case

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

• EUO was condition precedent even though it incriminated insured in related criminal suit; insured’s violation of EUO condition precedent precludes prejudice requirement
• “Whether a claimant has proven an insurer acted without a reasonable or arguable basis is determined by a preponderance of the evidence.”
• \the failure to submit to examination voids the policy as a matter of law\
• “A substantial line of cases supports the rule that an insurer need not show prejudice when the insured breaches a condition precedent or a condition that voids the policy.” (collecting cases)
• “A substantial line of cases supports the rule that an insurer need not show prejudice when the insured breaches a condition precedent or a condition that voids the policy.” (collecting cases)
• \the compulsion secured against by the constitution is a com- pulsion exercised by the state in its sovereign capacity . . . . Constitu- tional immunity has no application to a private examination arising out of a contractual relationship\

Source: CourtListener parenthetical corpus (CC0).