Legal Opinion
Downie v. State Farm Fire & Casualty Co.
Court of Appeals of Washington
Decided January 13, 1997No. 37310-2-IPublishedCited by 9 opinions
1Opinion of the CourtBaker, C.J.
Thomas Downie’s insurance policy against loss of personal property required him to give an examination under oath (EUO) upon request before suing his insurance carrier. He submitted a claim and gave two recorded interviews to different adjustors, but refused to submit to the requested EUO.
Because a recorded statement given to an adjustor is not equivalent to an EUO, we hold that such a statement does not constitute substantial compliance with the policy. Moreover, we hold that an insurance policy requiring an EUO as a condition precedent to filing suit is not against public policy and is a…
2Cases cited11 opinions
- Cowiche Canyon Conservancy v. BosleyWashington Supreme Court · 1992
- Wilson v. SteinbachWashington Supreme Court · 1982
- Goldman v. State Farm Fire Gen. Ins. Co.District Court of Appeal of Florida · 1995
- Hoekstra v. Farm Bureau Mutual Insurance Co.Supreme Court of Iowa · 1986
- United States Fidelity & Guaranty Company, Plaintiff-Counter v. A. Buford Wigginton, D/B/A Pickens Pharmacy, Defendant-CounterCourt of Appeals for the Fifth Circuit · 1992
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Van Noy v. State Farm Mutual Automobile InsuranceCourt of Appeals of Washington · 1999
- Staples v. Allstate InsuranceWashington Supreme Court · 2013
- Thomson v. State Farm InsuranceMichigan Court of Appeals · 1999
- Van Noy v. State Farm Mut. Auto. Ins. Co.Court of Appeals of Washington · 1999
- American Economy Insurance v. LyfordCourt of Appeals of Washington · 1999
4 more not listed; retrieve them via the Exa API.