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.
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.