Insurance
Mar. 18, 2024
New Court of Appeal decision allows insureds to video record examinations under oath
A recent Court of Appeal ruling could create new challenges and uncertainties for insurers, such as a chilling effect on adjuster participation, potential gamesmanship by policyholders’ attorneys, and possible interference with off-the-record discussions and informal agreements.
John D. Edson
Partner, Sheppard, Mullin, Richter & Hampton LLP
501 W Broadway
San Diego , CA 92101
Phone: (619) 338-6616
Email: JEdson@sheppardmullin.com
UC Berkeley SOL; Berkeley CA
Preston B. Bennett
Associate, Sheppard Mullin
When faced with a suspicious claim, insurers often request that an insured answer questions about the claim in an examination under oath (EUO). The insured's rights at an EUO are enumerated by statute. Ins. Code § 2071.1. Historically, courts have focused on an insured's failure to comply with the policy's EUO requirement. But in a new decision, the California Court of Appeal held that an insured has a right to video record the EUO. This expansive interpretation of a...