In Pittman v. State Farm Fire & Cas. Co., 2012 WL
2368541 (M.D. Ala. June 21, 2012), the Pittmans were
undergoing serious financial problems but went on a European vacation.
When they returned, they reported that their home had been burglarized, with
expensive art and jewelry taken. For many justifiable reasons, State Farm
questioned the claim and commenced an investigation.
While the Pittmans
cooperated in many ways, they refused to produce certain requested banking
and credit records or to execute authorizations that would have allowed State
Farm to obtain the records. A condition precedent for coverage under the
policy was compliance with stated post-loss duties that included responding to
State Farm’s request for the subject rejects.
In granting State Farm a
summary judgment, the court noted that the Pittmans had to fully fulfill their
duty to cooperate, with partial cooperation not excusing full cooperation and
found that State Farm’s requests were reasonable. The rendition of the
facts in the opinion strongly suggest “wrongdoing” on the Pittmans’ part.
Still, the lesson is that, in this situation, an insured must fully comply with all post-loss
duties.
