State Farm Fire & Casualty Co. v. Tan

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

BREWSTER, District Judge.

Plaintiff insurer (State Farm) issued a homeowner’s policy to defendants, Bruce Tan and Rosemarie Tan. When the Tans submitted two claims for theft loss, State Farm sought to examine them separately to resolve its suspicions of possible fraud. The Tans refused to permit State Farm to examine Bruce Tan outside the presence of Rosemarie Tan. State Farm then brought this action for a declaration that it may compel separate examinations. The parties do not dispute the facts; thus, the issue is ripe for summary judgment.