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Recorded Statements and EUOs

6/24/2012. 2. What is it?. Recorded Statement v. EUO ? critical distinctionRecorded Statement is a field adjuster with a tape recorder ? normal processEUO is an attorney with court reporter, notice and a document demand ? formal process indicating your claim is in trouble. 6/24/2012. 3. Do I h

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Recorded Statements and EUOs

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    1. 6/25/2012 1 Dale Washington Law Offices of Dale Washington 9550 Warner, 2nd Floor Fountain Valley, CA 92708 714-593-2317 Recorded Statements and EUOs

    2. 6/25/2012 2 What is it? Recorded Statement v. EUO – critical distinction Recorded Statement is a field adjuster with a tape recorder – normal process EUO is an attorney with court reporter, notice and a document demand – formal process indicating your claim is in trouble

    3. 6/25/2012 3 Do I have to? “The Calif Standard Form Fire Ins policy provides: "as often as may be reasonably required, shall exhibit . . . all that remains of any property herein described, and submit to examinations under oath . . .; and, . . ., shall produce for examination all books of accounts, bills, invoices and other vouchers . . .“Ca Ins § 2071 “cannot refuse (even if he believes ruse to deny the claim)." [> Hickman v. London Assur. Corp. (1920) 184 Cal. 524, 530] Duty to Cooperate = “Yes”

    4. 6/25/2012 4 Need Representation? (EUO) “serves the purpose of "cross examining" the insured. [West v. State Farm Fire & Cas. Co. (9th Cir. 1989) 868 F.2d 348, 351] Documents, asserting objections,instructions not to answer. EUO = “YES” R/S = “NO”

    5. 6/25/2012 5 MY RIGHTS: To have counsel and to record the examination proceedings [> Ca Ins § 2071.1(a)(4)] Questions which are "relevant and reasonably necessary to process or investigate the claim." [> Ca Ins § 2071.1 “open minded” evaluation [Blake v. Aetna Life Ins. Co. (1979) 99 Cal.App.3d 901, 924, 160 Cal.Rptr. 528, 542]

    6. 6/25/2012 6 ABSOLUTE PITFALLS Timing – in your right mind Methodology: Room by room, drawer by drawer, under the bed “That’s it” vs. “That’s all I remember right now” Junk vs. Property, or “I was going to throw it away.” I am OK, but not clairvoyant, an attorney, insurance expert, or appraiser Mr. Personality Coaching “leak vs. failure”

    7. 6/25/2012 7 Do I Need a Copy? Yes. Ask for one in the recording and record it yourself. Entitled under [> Ca Ins § 2071.1] “ within 10 days after receipt of request by the insured or its counsel. [> Ca Ins § 2071.1(a)(5)] Need it when seeking advice. Record of your Record

    8. 6/25/2012 8 Privacy and Harassment "relevant and reasonably necessary to process or investigate the claim." [> Ca Ins § 2071.1)] "concerning all proper subjects of inquiry." [> Globe Indem. Co. v. Sup.Ct. (Guarnieri) (1992) 6 Cal.App.4th 725, 731] Tax returns/financial Data “CHOOSE YOUR BATTLES”

    9. 6/25/2012 9 IMPROPER EUO OR R/S "An insurance company may not ignore evidence which supports coverage . . ." [> Mariscal v. Old Republic Life Ins. Co. (1996) 42 Cal.App.4th 1617, 1624] (bad faith) to deny w/o thoroughly investigating the foundation for its denial." [> Egan v. Mutual of Omaha Ins. Co. (1979) 24 Cal.3d 809, 819, 169 Cal.Rptr. 691, 695-696

    10. 6/25/2012 10 REVIEW EUO V. RECORDED STATEMENTS MANDATORY IF REQUESTED NEED REPRESENTATION? RIGHT MIND/PITFALLS COOPERATE/CHOOSE BATTLES MR. PERSONALITY

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