Examinations Under Oath
By JAMES DEFRANCO
Insurance adjusters, special investigators, and lawyers representing insurers and insureds encounter myriad legal and practical questions concerning the rights and obligations of the insured and insurer when participating in examinations under oath. Until now, no readily available source was available to answer the questions that arose. More importantly, no source was available to provide practical solutions when no definitive answer existed in the jurisdiction in which the examination was held. Examinations Under Oath collects the law from all fifty states and federal jurisdictions and develops a practical, functional approach to the questions that have arisen and are likely to arise.

Placing Conditions On The Insurer’s Right To Demand An Examination Under Oath

Insureds and their counsel have attempted to avoid compliance with an insurer’s demand that the insured submit to an examination under oath. Insureds and their counsel have a variety of reasons to avoid the examinations. In some instances, the insured is the subject of a criminal investigation and may not want to submit to an examination for fear that the prosecuting authority will obtain a copy of the transcript, providing the prosecutor with information he or she might not otherwise have. The insured may wish to delay the examination until memories of other witnesses fade or physical evidence disappears.

 

 

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About
The Author

James DeFranco graduated from Southern Illinois School of Law Magna Cum Laude in 1981 and served as a law clerk to Chief Justice Joseph Goldenhersh of the Illinois Supreme Court. He has represented insurers throughout the states of Illinois and Missouri conducting examinations under oath and defending lawsuits and has tried over one hundred trials to verdict.

He is an advocate of the American Board of Trial Advocates and is the President Elect of the Missouri – Southern Illinois Chapter. He has presented at numerous conferences and seminars for the International Association of Arson Investigators, The International Association of Special Investigation Units, and The Illinois Defense Counsel.

 

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