The First Circuit reversed the district court's granting of summary judgment to the insurer based upon a dispute over compliance with attending Examinations Under Oath. Philadelphia Indem. Ins. Co. v. BAS Holding Corp., 2023 U.S. App. LEXIS 21573 (1st Cir. Aug. 17, 2023).
An arsonist destroyed the State Building, a landmark building, owned by BAS Holding Corporation ("BAS"). BAS sought coverage from its insurer, Philadelphia. Philadelphia investigated the loss and became convinced that the State Building may not have been insured under the policy. Philadelphia sought a EUO and asked BAS to designate someone who could answer questions relating to eight enumerated topics. BAS sent Susan Rodrigues to the EUO. She handled all the insurance and oversaw maintenance of the State Building.
Mr. Eyerly may be contacted at te@hawaiilawyer.com