April EBCA Meeting Back in the Big Room |
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| EBCA Treasurer Phil Hughes and Board Member Lisa Winn welcomed the April crowd. | Jack Wilkie, Lisa Schwichtenberg, and Debbie Ginestar at the April luncheon meeting. | Bryan Stanhill, who assisted Gordon Park with his video presentation, also won a door prize. |
Lisa Schwichtenberg, now with Belfor; Murat Zilinki, Springs Construction; and Lisa Winn, of Vanderbuilt Construction. |
Video-taped Examinations Under Oath have become the standard practice in Insurance Defense. Speaking to the subject at the April 12, 2006 meeting of the East Bay Claims Association was popular Fresno-based attorney Gordon M. Park, of McCormick, Barstow, Sheppard, Wayte & Carruth. While the California insurance code requires only that a transcript of an EUO be provided, Mr. Park made an effective case for the use of video-taped interviews. With the help of video production man, Bryan Stanhill, of P.E.S. Video Service, Park showed dramatic, and oft amusing, clips from past interviews as part of his presentation. Scenes showing not only inconsistencies in statements by claimants, but also blatant lying, deceitful tactics, anger and antagonism, clearly make for a stronger and more effective EUO than a simple transcript ever could. Introduced by A.I.G. Claims Manager and East Bay Claims member, Greg Rousch, Park spoke of past cases where the Examination Under Oath made a huge difference in the outcome. “Examinations Under Oath have become very popular,” he stated. “Most insurance policies now include a ‘submit to EUO’ clause within them,” he explained. He further stated that California has consistently held that insureds must uphold the EUO duty, or their claims can be otherwise dismissed. However, he qualified that assertion, stating that some carriers have told their insureds, “you have to come forward”, which has led to Bad Faith. When should you conduct an EUO? “Sooner is better than later,” he stated. “I generally say we want to be fair to the insured, and be reasonable,” he said. Where the EUO is done fits that same principle. The law, he said, states that “we have the right to request that we take the exam where the loss occurred, or where the insured resides.” But, that can be flexible. In addition to the EUO, you can also ask for documents. The value of the video cannot be overstated, however. “Claims that might have been (otherwise) paid (by a jury), after seeing the video EUO, they’re not going to.” There is a new law that says you must now send a copy of the Examinations Under Oath law with your request to take the interview. Mr. Park also provided a thorough informational packet to all in attendance. Gordon Park may be reached at: 559-433-1300, or |
Thank You to All Our April Door Prize Contributors Join the EBCA
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