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Posts tagged "Basic Reparations Benefits"

Examinations Under Oath

In Adams v. State Farm Mut. Auto. Ins. Co., the Court of Appeals recently addressed Examinations Under Oath. In Adams, two passengers that were injured in an automobile accident were denied Basic Reparations Benefits for noncompliance with the terms of the applicable insurance contract "by failing to cooperate in the investigation of their claims when they did not participate in an Examination Under Oath (EUO...)." Adams v. State Farm Mut. Auto. Ins. Co., No. 2013-CA-002152-MR, 2015 WL 3638004, at *1 (Ky. Ct. App. June 12, 2015). The insurance company argued that "the EUO was a requirement under the contract of insurance [it] had with its insured. The trial court granted [the insurance company's] motion for declaratory and summary judgment on this issue. The Appellants then brought this appeal asserting that nothing in the Motor Vehicle Reparations Act (MVRA) allows for a dismissal by the court on these grounds." Id.

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