The sole question presented by plaintiff’s appeal is whether the trial court erred in granting summary judgment in favor of the defendant. The trial court granted summary judgment on the basis that plaintiff failed to comply with all conditions precedent under his insurance policy in failing to submit to an examination under oath. The trial court relied in part on this Court’s opinion in
Baker v. Independent Fire Insurance Company,
Like the policy in
Baker,
defendant’s policy requires the insured to submit to an examination under oath. In addition, compliance with all policy requirements is a condition precedent to bringing suit against the insurer under the policy. Compliance with a condition in a fire insurance policy, such as the examination under oath provision, has “been held to be a condition precedent to suing on a fire policy.”
Baker,
In this case, it is clear that plaintiff has failed to comply with a stated condition precedent. Plaintiff urges this Court,'however, to create an exception to the mandatory nature of this condition and apply a good cause exception like that found in N.C. Gen. Stat. § 58-44-50 (1991). G.S. § 58-44-50 excuses untimely filing of proof of loss, another condition precedent, where good cause is shown. We decline to create such an exception, believing instead that the legislature’s enactment of that specific exception indicates an intent to limit the general proliferation of exceptions in this area.
We also disagree with plaintiff’s contention that this case is closer to
Lee v. State Farm Fire and Casualty Company,
Finally, we are not persuaded by plaintiffs arguments that the first recorded investigative interview constituted an examination under oath for purposes of compliance. See 5A Appleman, supra § 3549 (stating that an insured’s recorded statements not given under oath are insufficient to meet the examination under oath requirement).
Accordingly, the order of the trial court is affirmed.
Affirmed.
