Insured Refusal to Comply with Insurer Request for Exam under Oath Material Breach of Condition Precedent

 

In Hanover Ins. Co. v. Cape Cod Custom Home Theater, Inc., 72 Mass.App.Ct. 331 (2008), the defendant insured had filed a claim of loss with the plaintiff insurer under a businessowner's policy of insurance. The claimed loss arose from a reported break-in at the insured's business premises.