Hally Finnell, Appellant, v. Florida Insurance Guaranty Association, Inc., Appellee, 4th Dist., Case No. 4D2022-0378, Apr. 10, 2024, Appeal from Palm Beach Co. - The insured appealed a final judgment in the insurer’s favor,...more
In a suspicious insurance claim, it is common for insurers to request that an insured answer questions about the claim at an examination under oath (“EUO”). But a new opinion from the California Court of appeal changes what...more
One of the oldest forms of taking evidence in a court of law is by way of producing witnesses. In the UAE, witnesses are governed according to: •Federal Decree-Law No. 35 of 2022, on Promulgating the Law of Evidence in...more
Failing or refusing to respond to a written request for an Examination Under Oath (“EUO”) can result in a complete bar to recovery in a first-party property insurance claim....more
Southern District Of New York Holds That Insured Not Entitled to Coverage For Losses Resulting From COVID-19- Sparks Steakhouse in New York City filed a coverage action against its insurer, Admiral Indemnity, alleging that...more
The United States Patent & Trademark Office (“USPTO”) recently changed its enforcement of 37 C.F.R. 1.114(e)(3) as it relates to an inventor’s oath or declaration, and the change may impact U.S. national stage applications...more
According to the FBI, “The total cost of insurance fraud (non-health insurance) is estimated to be more than $40 billion per year. That means Insurance Fraud costs the average U.S.family between $400 and $700 per year in the...more
The Florida Supreme Court has issued Administrative Order AOSC20-16, which allows oaths to be administered remotely for remote testimony, depositions, and other out-of-court legal testimony, as long as the notary or other...more
You’ve heard this from previous Commandments, but it is worth repeating: Don’t Lie. Regardless whether you are speaking to law enforcement (Commandment #6) or the media (Commandment #7), the bottom line is you probably...more
China continues to be a high-risk location for US companies to do business. While the current administration has laid numerous tariffs on Chinese goods, the fact that it holds 6 billion potential consumers will continue to...more
Simply put, judicial estoppel is an equitable doctrine that is intended to prevent a party from deliberately taking inconsistent positions under oath in separate proceedings and thus making a mockery of the judicial system. ...more
On October 14, 2016, former vice president and director of information technology of Coach USA, Inc. (Coach), Ralph Groen, entered a guilty plea for concealing and attempting to destroy documents and giving false and...more
Due to changes effective January 1, 2013, the Florida Motor Vehicle No-Fault Law now codified the insured’s obligation to submit to an examination under oath (EUO). The newly amended statutory language explicitly states...more
The examination under oath has long served as a valuable tool to prevent fraud and exaggeration in property insurance claims, while also keeping the cost of insurance as low as possible. The Washington Supreme Court, however,...more