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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)

Citation
Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
Parent Document
Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-02-13

Full Text

519 chars
The evidence thus established Gelibert's noncooperation by her unexplained failure to submit to an EUO, even though she was given several opportunities to do so over a period of approximately five months. See Morales v. Pilgrim Ins. Co., 58 Mass. App. Ct. 722, 724 (2003) (intentional or unexcused failure to attend EUO constitutes noncooperation). See also Mello v. Hingham Mut. Fire Ins. Co., 421 Mass. 333, 337 (1995) (duty to cooperate and submit to EUO is condition precedent to enforcement of insurance contract).