(Download) "Murray and Joan Evans v. International Insurance Company" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Murray and Joan Evans v. International Insurance Company
- Author : Supreme Court of New York
- Release Date : January 20, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
Plaintiffs brought an action against the insurer which issued their homeowner's policy to recover the value of jewelry allegedly
stolen from their home on December 1, 1986. During the previous three-year period, the plaintiffs had made five similar claims
with various insurance carriers. Defendant's policy contained a standard clause requiring the insured to answer questions
at an examination under oath, and to produce material and relevant documents in order to assist the insurer in investigating
the claim. The defendant asserted as an affirmative defense to the plaintiffs' action that the plaintiffs had breached their
policy when, at an examination under oath held on May 22, 1987, plaintiffs wilfully refused to answer questions posed by defendant's
counsel, and wilfully refused to produce records and documents material to the defendant's investigation of the plaintiffs'
claim. The plaintiffs refused to produce their personal and business tax returns (they were in the jewelry business and issued appraisals
for most of their own jewelry), and also refused to issue consent or release forms to their prior insurance carriers which
would enable the defendant to determine the dates and circumstances of prior claims made by the plaintiffs. It is not contested
on this appeal that the plaintiffs' refusal was in violation of their obligation under the insurance contract. The only issue
is whether their refusal was "wilful" based on their having relied upon the advice of counsel that they need not answer questions,
produce documents, or execute the necessary documents to permit the defendant insurance company to obtain the details of
plaintiffs' prior insurance claims.
 "Murray and Joan Evans v. International Insurance Company" by Supreme Court of New York * Book PDF Kindle ePub Free){kind=link}