Trial lawyers specializing in personal injury and civil litigation
When insured refused to return for second round of "examination under oath" her coverage was wiped out
Marcy Preston showed up for the first four hours of "examination under oath" after her house burned down and Pioneer State Mutual Insurance Company suspected arson. When the EUO was re-scheduled, Preston insisted on re-scheduling it because she was caring for a dying relative. When the EUO was re-scheduled for the following month, she simply refused to appear. Pioneer then refused to pay any benefits under the policy, and the Court of Appeals upheld Pioneer's decision that the policy was now voided for non-compliance. The Court cited the Republican Majority of the Michigan Supreme Court, and its decision allowing an insurer to enforce any policy term which is not specifically illegal, without addressing the "reasonable expectation of the insured."