Policyholders in California have a proper to videotape the examination beneath oath. Certainly, nothing within the insurance coverage coverage prevents the policyholder from videotaping the insurance coverage firm representatives through the examination beneath oath. Why would any insurer appearing in good religion be afraid of its representatives being videotaped throughout an examination beneath oath? If the insurance coverage firm can videotape the policyholder throughout an examination beneath oath, why can’t the policyholder do the identical to the insurer?
Nationwide Insurance coverage Firm objected to its claims investigators being videotaped throughout an examination beneath oath. A California appellate courtroom wouldn’t have any of it and additional famous the historical past and wish for policyholder shopper safety through the claims course of:1
Current authorized protections for insurance coverage policyholders proved to be insufficient after the Northridge earthquake. The general public requires further safeguards towards unfair declare settlement practices by insurance coverage corporations. It’s the intent of the Legislature that the provisions of this act add fundamental shopper protections to these presently set forth within the Insurance coverage Code and supporting rules.
Because the invoice’s creator defined, ‘Current regulation must be modernized. It permits insurers to make use of attorneys to delay declare settlements, conduct fishing expeditions, intimidate and harass harmless shoppers whereas ostensibly investigating their claims, however gives few balancing protections for claimants.’… Different supporters of the invoice equally contended ‘that the present EUO course of was enacted in 1949 and offers ‘just about limitless investigation rights to insurance coverage corporations’ with little shopper safety.’ …’The creator launched this invoice to handle issues by property homeowners who had been subjected to abuses by insurance coverage corporations through 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 meant to not solely improve the method due an insured but additionally present shopper safety provisions, equivalent to the correct to document.
To make certain, the legislative historical past doesn’t explicitly tackle whether or not part 2071.1(a)(4) encompasses the correct to video document the insurer’s representatives. Nonetheless, it demonstrates an categorical and unequivocal intent to guard insureds from harassment in EUO proceedings, and this function is served by granting insureds such a proper. Considerably, video data nonverbal conduct, equivalent to eye-rolls or glares, which might not be captured by audio recordings or reporter’s transcripts…As well as, the information that an individual is being video recorded might immediate that particular person to change their conduct 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 shoppers from harassment throughout EUOs. For that reason, 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 through the modification course of. As initially launched, the invoice amended part 2071, which units forth the usual type of hearth 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 growth 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 isn’t a must video document the insurer’s contributors as a result of the questions requested by the insurer’s consultant can 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” attorneys, 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 transient on this case.
When you have basic questions on examinations beneath oath, use the search operate on this weblog. When you have a particular 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 beneath oath to assemble details to disclaim or restrict your declare. These are vital 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 let you know the reality. This contains in-person conversations and all communication by telephone, letters, emails and all promoting and printed supplies.
—United Policyholders
