Injury claim dismissed for failure to attend Examination Under Oath
Plaintiff Graves was hurt in a two-car collision involving a vehicle owned by Defendant Lessard. Lessard claimed that her car had been stolen and but her insurer refused to pay Lessard's collision claim arguing that she had not proved it. At the same time, Lessard's insurer, Bristol West, also refused to pay for Graves' injuries, alleging that the vehicle was being driven by a driver who stole it. Graves' insurer, State Farm refused to honor Graves' Uninsured Motorist Coverage (UIM) claim, arguing that Bristol West should provide coverage, making Lessard's vehicle "insured." It also sought an Examination Under Oath, to investigate the earlier suggestion that Graves knew who was driving Lessard's vehicle.Citing State Farm's denial of coverage, Graves' attorneys refused to make her available for the Examination Under Oath and instead filed suit against her and Lessard/Bristol West. Citing the evidence suggesting a stolen vehicle, which was unopposed, the court dismissed the claim against Lessard and Bristol West. It also concluded that Graves' UIM claim must be dismissed because she failed to attend the requested examination. As a result, Graves was permanently barred from recovering for her injuries--even though she was theoretically protected by two layers of insurance coverage. As a famous jurist once pointed out, "the only thing worse than no insurance coverage is two policies of insurance coverage."