ZIFL – Volume 25, No. 9
See the full video at https://www.linkedin.com/pulse/zalmas-insurance-fraud-letter-may-1-2021-barry-zalma-esq-cfe/?trackingId=W6wo%2BpTblJ6XC1aCC02AsA%3D%3D https://rumble.com/vgbcof-zalmas-insurance-fraud-letter-may-1-2021.html and at https://youtu.be/hkToYThKE5w
The Examination Under Oath is an Important Tool for Every Fraud Investigation
The EUO Is a Serious and Important Part of the Insurer’s Investigation
The attorney, insurance claims professional or investigator who conducts the EUO can take a role similar to the role of a prosecutor without the usual constitutional restraints controlling testimony at a deposition or trial. [Hickman v. London Assurance Corporation, 184 Cal. 524, 195 P. 45 (1920)] A false statement as to any material fact during the EUO can cause the policy to be declared void, even if the fact has no relationship to the loss.
In Claflin the false testimony concerned a witness that would not affect the amount payable under the policy but to protect his reputation for veracity. The U. S. Supreme Court found that the witness of the injury was material to the investigation and declared the policy void for fraud because he made false statements under oath.
Contrary to the Belief of Lawyers for the Insured, the EUO Is Not an Adversary Proceeding like a Deposition in a Lawsuit.
Insurance Benefits Not Available to Remodel Fixer Upper
Good News From the Coalition Against Insurance Fraud
Probation for Insurance Fraud Proves Futile
Health Insurance Fraud Convictions
When You Do the Crime & Only Get Probation it is not Wise to Commit a New Crime
Other Insurance Fraud Convictions
OIG’s Most Wanted Fugitives
When Granted Non-Custodial Probation it is Insulting to Appeal the Conviction
New Books for the Insurance Claims Professionals
© 2021 – Barry Zalma
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 firstname.lastname@example.org.
Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.
Over the last 53 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.
Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/ podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4.