United States Seventh Circuit

In an action alleging that defendant-insurer breached an insurance contract by refusing to pay plaintiff's losses resulting from a burglary of its premises, and that its efforts to settle the claim were in bad faith, summary judgment for defendant is affirmed where: 1) plaintiff breached the contract by refusing to submit to a requested Examination Under Oath (EUO) as it was not unreasonable for defendant to require a second EUO; and 2) the plaintiff failed to raise any triable issue of fact regarding whether defendant's conduct in handling the claim, conducting an EUO, and requesting information and another EUO was in bad faith.

Appellate Information

• Argued 05/30/2008
• Decided 06/10/2008
• Published 06/10/2008

Judges

• BAUER, Circuit Judge., Before BAUER, RIPPLE and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Mark W. Baeverstad (argued), Rothberg, Logan & Warsco, Fort Wayne, IN, for Plaintiff/Appellant.


• For Appellees:
  
• Bruce P. Clark (argued), Clark & Associates, Munster, IN, for Defendant/Appellee.