Bob's House Was Damaged by Fire

Multiple Choice

Bob's house was damaged by fire.He got three independent appraisals regarding the damage and submitted those to his insurer informing the insurer that he was willing to use the lowest appraisal as a basis for his insurance reimbursement.The adjuster for the insurance company asked Bob to submit to an oral examination under oath regarding the fire,but Bob refused.The insurance company denied reimbursement based on Bob's refusal to provide the examination under oath.Which of the following is true regarding whether Bob should be allowed to recover under the policy if the court follows the case in the text Hamilton v.State Farm Fire & Casualty Insurance Company?

A) The insurer will prevail if it can establish actual prejudice based on Bob's refusal to provide an examination under oath.
B) The insurer will prevail based on Bob's refusal to provide an examination under oath regardless of whether or not it can establish actual prejudice.
C) Bob will prevail even if he refuses to provide an examination under oath, but he will not be allowed to recover penalties or attorney fees.
D) Bob will prevail only if he is able to establish that the insurer was not prejudiced by his refusal to provide an examination under oath; and, assuming he is able to do so, he will be allowed to recover penalties and attorney fees.
E) Bob will prevail without any obligation to establish that the insurer was not prejudiced by his refusal to provide an examination under oath, and he will also be allowed to recover penalties and attorney fees.