Marrero v. State Farm Fire & Cas. Co., 2015 Del. Super. LEXIS 486 (Del. Super. Ct. Sept. 14, 2015)

Insurer not contractually obligated to pay UM benefits to its insured when the insurance policy requires an examination under oath and the insured refuses to submit to same.

The plaintiff’s automobile insurance policy included uninsured motorists (UM) coverage. After an uninsured driver collided with the plaintiff’s vehicle, she submitted a personal injury protection (PIP) application for coverage. Right before her PIP coverage limits exhausted, the plaintiff’s insurer notified her of the contractual obligation for her to submit to an examination under oath (EUO) to investigate the claim and the facts and circumstances surrounding the alleged loss before the insurer would pay out UM benefits. In response, plaintiff’s counsel sent a letter to the plaintiff’s insurer stating that the plaintiff would not submit to an EUO. The plaintiff filed a lawsuit seeking UM benefits under the policy. The insurer filed a motion for summary judgment, which the court granted, finding that, since an EUO was a condition precedent to the insurer paying UM benefits, the insurer is not yet contractually obligated to pay the plaintiff UM benefits.

Case Law Alerts, 1st Quarter, January 2016

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2016 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.