Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Evans v. Ohio Cas. Ins. Co.

A jury could find that the insured's submission to three hours of questioning and his stated willingness to continue the examination with the assistance of the trial court constituted substantial compliance with the requirements of the insurance contract.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Samuel C. Evans sued Ohio Casualty Insurance Company and United Services Automobile Association USAA to settle claims for damage to property caused by fire.1 Both Ohio Casualty and USAA defended on the ground that any claim was barred because Evans did not comply with procedural requirements of the respective insurance contracts. The trial court granted summary judgment to Ohio Casualty and USAA, and Evans files a pro se appeal. We affirm in part and reverse in part. Summary judgment is appropriate where ” ‘the court, viewing all the facts and reasonable inferences from those facts in a light most favorable to the non-moving party, concludes that the evidence does not create a triable issue as to each essential element of the case.’ ” Appleby v. Merastar Insurance Co. , 223 Ga. App. 463 477 SE2d 887 1996, quoting Lau’s Corp. v. Haskins , 261 Ga. 491, 495 4 405 SE2d 474 1991.

Viewed in this light, the evidence showed that property, owned by Evans and insured by both Ohio Casualty and USAA, was destroyed by fire on June 27, 1998. Ohio Casualty refused to settle any claim with respect to the property as did USAA. In the case of a loss to covered property, both contracts of insurance required, inter alia, that Evans send to the insurers, within 60 days after requested, a sworn proof of loss, and that Evans submit to an examination under oath as often as the insurers reasonably required.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Legal Innovation Awards 2024
May 23, 2024
London

Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.


Learn More
Consulting Top Consultants 2024
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
Go to Events Go to Webcasts
ASSOCIATE ATTORNEY-PERTH AMBOY-NJ

Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...


Apply Now ›
Bankruptcy Attorney - New York Metropolitan Area Lawyers

Black Owl Recruiting is looking for a number of qualified applicants to fill positions for a highly reputable client. Recent experience work...


Apply Now ›
ASSOCIATE ATTORNEYS

McManimon, Scotland & Baumann, LLC is seeking talented and motivated Associate Attorneys with 3-7 years of experience working closely wi...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements