The insured claimed the full value of an OPCF-19A endorsement after his vehicle was damaged.
The insurer suspected the initial appraisal was fraudulent and required the insured to attend an examination under oath pursuant to Statutory Condition 6(4).
The insured refused to answer questions about the appraisal and commenced an action.
The insurer counterclaimed for misrepresentation.
The motion judge held the insurer lost the right to the statutory examination once litigation commenced and granted summary judgment dismissing the counterclaim.
The Court of Appeal allowed the appeal, holding that the statutory examination can co-exist with discovery, its scope includes matters material to liability such as suspected fraud, and the summary judgment was improperly granted as the moving parties failed to adduce evidence.
