One investigative tool, unique to insurance policies, is the examination under oath. Under a standard policy condition authorized by statute, an insurer may require that a policyholder submit to a sworn question and answer session regarding a property claim. Courts have approved of this process as a reasonable means by which an insurer may verify an insured’s statements and obtain substantiation of a claim. Typically, an insurer will demand an examination when an insured has submitted insufficient evidence to prove a claim, or a claim involves suspicious circumstances which potentially trigger the policy’s “fraud” provision. Our attorneys have invoked this procedure numerous times for carriers, with valuable results.

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