Case Number
W2023-00703-COA-R3-CV
Following a motor vehicle accident, Appellant/the insured brought a breach of contract
claim against Appellee/the automobile insurer. In a motion for summary judgment,
Appellee argued that Appellant materially breached the duty to cooperate clause of the
insurance policy, which barred his recovery. The trial court granted summary judgment in
favor of Appellee, finding that there was no genuine issue of material fact that Appellant
materially breached the insurance policy by failing to submit to an examination under oath.
The trial court concluded that the material breach barred Appellant from recovery under
the policy. Appellant appeals. Discerning no error, we affirm and remand.
Originating Judge
Judge Valerie L. Smith
Date Filed
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