Summary
affirming final judgment denying insurance coverage based on insured's failure to submit to an examination under oath
Summary of this case from 27th Avenue Investments v. Aspen Specialty Ins. Co.Opinion
No. 92-194.
August 10, 1993.
Appeal from the Circuit Court, Dade County, Sidney B. Shapiro, J.
Perse, P.A., Ginsberg, P.A., and Edward R. Perse, Miami, Roger Bridges, Coral Gables, for appellants.
Pestcoe Pestcoe and Bernard C. Pestcoe, J. Everett Wilson, and Scott Pestcoe, Coral Gables, for appellee.
Before NESBITT, COPE and GODERICH, JJ.
Dale and Sandra Stringer and Old Cutler Corners, Inc., appeal an adverse final judgment denying insurance coverage. "[T]he failure to submit to an examination under oath is a material breach of the policy which will relieve the insurer of its liability to pay." 13A Couch on Insurance 2d (Rev. ed.) § 49A:361, at 760 (1982) (footnote omitted). See also Pervis v. State Farm Fire Casualty Co., 901 F.2d 944 (11th Cir.), cert. denied, 498 U.S. 899, 111 S.Ct. 255, 112 L.Ed.2d 213 (1990).
Affirmed.