Don’t Take “The Fifth” When Your Insurer Asks For An Examination Under Oath
If an insured refuses to appear for an examination under oath because he or she might incriminate him or her self, may find the Fifth Amendment doesn’t apply or, at the very least, the claim resolution will be delayed.
See the video at https://youtu.be/XQOXdObnK5Q
The most effective tool an insurer has against fraud is the examination under oath. The right to compel an insured to appear for examination under oath has been part of the standard fire policy in every state of the United States that adopted the N.Y. Standard Fire Insurance policy. The right was recognized by the United States Supreme Court in Claflin.v Commonwealth Insurance Company, 110 U.S. 81, 3 S.C. 507, 28 L.Ed. 76 a decision unchanged since it was decided in 1888.
It seems the pendulum is swinging. It is time that Insured’s recognized — and insurers enforce — the rule of law that requires an Insured to appear for examination under oath promptly when required to do so by his insurer, as mandated by the standard California Fire Insurance policy, California Insurance Code §§ 2070 and 2071. If Gruenberg stands for the proposition that insurers must wait until the Insured is exonerated in his criminal proceeding the California Supreme Court should revisit Gruenberg.
Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and email@example.com.
Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.
Over the last 52 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.
Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts