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In a recent decision, a Federal Judge interpreting Florida Law denied an Insurance Company's Motion for Summary Judgment to the extent it was based on the Policyholder "refusing to submit to additional Examinations Under Oath (EUO), [and] failing to cooperate in the investigation," in pertinent part. Download Vision I Homeowners Ass'n v. Aspen Specialty Ins. Co. (S.D. Fla. Case No. 08-81211, Opinion Filed December 22, 2009), attached Official Slipsheet Opinion at 10. In denying the motion, the Federal Court held that there were genuine issues of material fact surrounding the insured's cooperation. If the insured cooperated in the taking of an EUO, or additional EUO's as in this case, then in the view of the Federal Court "several issues of fact exist as to whether [the insured] complied with the policy provisions." Download Vision I Homeowners Ass'n v. Aspen Specialty Ins. Co. (S.D. Fla. Case No. 08-81211, Opinion Filed December 22, 2009), at 12.
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