United States Seventh Circuit

Summary judgment for defendant-insurer in a breach of contract and bad faith action involving a fire at a restaurant is affirmed where: 1) the insurer did not need to show prejudice from insured's breach of examination under oath clause; 2) insured's breach freed insurer from the results of the appraisal process; 3) acceptance of a claim does not remove the cooperation requirement; and 4) there was no breach of the duty of good faith and fair dealing.

Appellate Information

• Argued 04/12/2005
• Decided 07/13/2006
• Published 07/13/2006

Judges

• MANION, Circuit Judge., Before MANION, ROVNER, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Jerry E. Huelat (argued), Michael A. Kreppein, Huelat & Mack, Michigan City, IN, for Plaintiff-Appellee., Gordon A. Etzler (argued), Etzler & Associates, Valparaiso, IN, Kevin G.L. Kerr (argued), Schmidtke Hoeppner Consultants, Valparaiso, IN, for Defendant-Appellant.