Saft America, Inc. v. Insurance Company of North America

Sognier, Judge.

Appellant Saft America, Inc. (Saft) was insured against theft loss by appellee Insurance Company of North America (INA). Suspecting it had suffered a theft loss, Saft requested INA to investigate the alleged loss. INA declined. The loss took place about October 13,1977 and on January 13,1978 a “tentative” proof of loss was filed by Saft. On August 7,1978 INA mailed a request to Saft’s attorney asking the insured to submit to an examination under oath under the following policy provision: “Upon the Company’s request, the Insured shall submit to examination by the Company,…