Stein v. National General Insurance Co., 2020 N.Y. Slip
Op. 31814(U), 2020 WL 3124237 (N.Y. Sup. Ct. June 9, 2020)
This case involved the insured's claim for water damage to
his apartment caused by a broken pipe. After he reported the
claim, the insurer, National General Insurance Company, inspected
the loss and paid approximately $30,000. After the insured
engaged a public adjuster, who estimated the loss to be more than
$400,000, the insured demanded an appraisal, which National General
rejected.
Subsequently, National General demanded that the insured provide
a sworn proof of loss within 60 days and submit to an examination
under oath—both of which were required under the policy as a
condition precedent to coverage. During the EUO, the insured
admitted that although he received the demand for the sworn proof
of loss, he never submitted one. He attempted to cure his breach by
submitting the proof of loss at the EUO, which was held 63 days
after the insured
