Can Policyholders Videotape the Examination Below Oath?
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Policyholders in California have a proper to videotape the examination below oath. Certainly, nothing within the insurance coverage coverage prevents the policyholder from videotaping the insurance coverage firm representatives in the course of the examination below oath. Why would any insurer performing in good religion be afraid of its representatives being videotaped throughout an examination below oath? If the insurance coverage firm can videotape the policyholder throughout an examination below oath, why can not the policyholder do the identical to the insurer?
Nationwide Insurance coverage Firm objected to its claims investigators being videotaped throughout an examination below oath. A California appellate court docket wouldn’t have any of it and additional famous the historical past and want for policyholder client safety in the course of the claims course of:1
Present authorized protections for insurance coverage policyholders proved to be insufficient after the Northridge earthquake. The general public requires further safeguards in opposition to unfair declare settlement practices by insurance coverage corporations. It’s the intent of the Legislature that the provisions of this act add fundamental client protections to these at the moment set forth within the Insurance coverage Code and supporting laws.
Because the invoice’s creator defined, ‘Present legislation must be modernized. It permits insurers to make use of legal professionals to delay declare settlements, conduct fishing expeditions, intimidate and harass harmless customers whereas ostensibly investigating their claims, however supplies few balancing protections for claimants.’… Different supporters of the invoice equally contended ‘that the present EUO course of was enacted in 1949 and offers ‘nearly limitless investigation rights to insurance coverage corporations’ with little client safety.’ …’The creator launched this invoice to handle issues by property house owners who had been subjected to abuses by insurance coverage corporations in the course of the insurance coverage declare course of, together with people and victims of the 1991 Oakland firestorm and the 1994 Northridge earthquake. [T]he invoice establishes fundamental due course of rights for insureds who’re subjected to EUOs,’ amongst different protections…Thus, the laws was supposed to not solely improve the method due an insured but additionally present client safety provisions, similar to the correct to document.
To make sure, the legislative historical past doesn’t explicitly handle whether or not part 2071.1(a)(4) encompasses the correct to video document the insurer’s representatives. Nevertheless, it demonstrates an specific and unequivocal intent to guard insureds from harassment in EUO proceedings, and this function is served by granting insureds such a proper. Considerably, video information nonverbal conduct, similar to eye-rolls or glares, which might not be captured by audio recordings or reporter’s transcripts…As well as, the data that an individual is being video recorded could immediate that particular person to switch their habits in a constructive method. (Cf. ibid.
.) ‘ ‘[C]ivil statutes for the safety of the general public are, usually, broadly construed in favor of that protecting function.’ ‘ (Pineda v. Williams-Sonoma Shops, Inc. (2011) 51 Cal.4th 524, 530, 120 Cal.Rptr.3d 531, 246 P.3d 612.) Granting insureds the correct to document the insurer’s representatives furthers the Legislature’s function to guard insurance coverage customers from harassment throughout EUOs. Because of this, we reject Nationwide’s argument that video recording an insurer’s representatives is unreasonable.
As well as, the legislative historical past reveals the Legislature expanded the scope of an insured’s proper to document EUOs in the course of the modification course of. As initially launched, the invoice amended part 2071, which units forth the usual type of fireplace insurance coverage coverage, to afford an insured topic to an EUO the correct to ‘tape-record the examination.’ Subsequently, the invoice was amended each to use the EUO protections extra broadly to all property insurance coverage insurance policies, and to develop the recording proper to embody the correct to ‘document the examination proceedings of their entirety.’ …This enlargement of the correct to document—from ‘tape-record[ing]’ to ‘document[ing]’ and, extra considerably for our functions, from ‘the examination’ to ‘the examination proceedings of their entirety’—reveals a legislative intent that the insured’s proper to document the EUO proceedings be complete. We see no foundation to exclude from this broadly phrased and deliberately expanded proper the correct to video document the insurer’s representatives.
… Nationwide additionally asserts there is no such thing as a have to video document the insurer’s individuals as a result of the questions requested by the insurer’s consultant might be captured by the reporter’s transcript or on the audio portion of any video recording of the insured. As we’ve got already mentioned above, these strategies don’t seize nonverbal conduct, which can be intimidating or harassing.
Harassment and intimidation by insurance coverage corporations, and particularly their “canine on a leash” legal professionals, isn’t correct.
An enormous shout-out goes to Amy Bach and United Policyholders, who not solely efficiently fought for these policyholder safety legal guidelines over 25 years in the past but additionally filed an amicus temporary on this case.
When you’ve got common questions on examinations below oath, use the search operate on this weblog. When you’ve got a selected query about an upcoming examination, please contact a Merlin Legislation Group legal professional for preparation and assist. Policyholders ought to do not forget that the insurance coverage firm is normally taking the examination below oath to collect info to disclaim or restrict your declare. These are necessary claims proceedings for which policyholders want certified authorized illustration and preparation.
Thought For The Day
All representatives of your insurance coverage firm are legally required to inform you the reality. This contains in-person conversations and all communication by telephone, letters, emails and all promoting and printed supplies.
—United Policyholders
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