Jessica Prats, of our Tampa office, won summary judgment for an insurance carrier in a case that involved two separate claims for water damage. The carrier denied both claims on the basis of the insured’s failure to appear to her scheduled recorded statement, i.e. EUO, on three separate occasions. Initially, the cases were assigned to a different defense firm who moved for summary judgment. Plaintiff’s counsel successfully argued the carrier’s EUO requests were made after expiration of the 90-day deadline to accept or deny the claim and were therefore unreasonable, and the motion was denied without prejudice. The case was transferred to Jessica, and she found that the carrier had, in fact, made six separate requests for an in-person recorded statement within the 90-day time period, and was refused on six separate occasions. Instead, Plaintiff only offered a telephonic recorded statement. The day before the hearing, Plaintiff filed its response, arguing again that the carrier’s requests were unreasonable and that it breached the contract by failing to render a coverage determination. Jessica found a case on point holding that post-loss conditions are conditions precedent, and failure to abide by those duties constitutes a material breach of contract. Further, the case held that the burden was on the insured to show the insurer was not prejudiced.  At the summary judgment hearing, Jessica argued that, given the carrier’s numerous, prior requests for an in-person recorded statement, its subsequent request for a EUO was reasonable. Jessica pointed to the recent case law concerning conditions precedent, and ultimately, the court granted the motion for summary judgment ruling that the carrier is entitled to take in-person EUOs.