§ 3.25 Conditions - Examination Under Oath

• Library: Guide to South Carolina Liability and Property Insurance Law (SCBar) (2019 Ed.)

§ 3.25 Conditions - Examination Under Oath

The Supreme Court of South Carolina has considered whether submitting to an examination under oath was a condition precedent to the insured bringing suit to recover under a renter's policy for a fire loss. The policy provided under "Section I - Conditions:"

2. Your Duties After Loss. In case of a loss to which this insurance may apply, you shall see that the following duties are performed:

d. as often as we reasonably require:

(3) submit to examinations under oath and subscribe the same.

3. Suit against us. No action shall be brought unless there has been compliance with the policy provisions and the action is started within one year after the date of loss or damage.¹⁴²

The trial court determined that the provisions of the policy rendered the submission to an examination under oath a condition...