Legal Question in Insurance Law in California

Recorded interview

My company is asking for a recorded interview re: a fire at a rental property . I told them that i would answer all of the questions if put in written format. They threatened to not honor the claim.


Asked on 4/01/07, 1:02 pm

2 Answers from Attorneys

Jonathan Stein Law Offices of Jonathan G. Stein

Re: Recorded interview

Read your policy. You have a duty to cooperate. That usually does not include a recorded statement, but you do have to complete a proof of loss and give them any information they ask for. If you do not give them a recorded statement, they will probably demand an Examination Under Oath. For that, you should have an attorney present.

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Answered on 4/11/07, 9:40 pm
Steven Murray Steven W. Murray, APC

Re: Recorded interview

You are correct in your response. I have never seen a policy which specifically required a recorded interview. But write a letter saying you would be pleased to provide information and that the insurer should write you what it wants to know, and you will respond appropriately. That ususally works, but the letter in their file is what does it. You can also add to that letter a request for the copy of the policy language which requires a recorded interview.

You have an obligation to provide information, but that can be done in writing.

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Answered on 4/12/07, 1:36 pm


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