After suffering a loss from a windstorm or other covered cause, an insured is obligated to comply with the policy’s conditions , including responding to questions during an examination under oath. How the questions are worded and how to handle the insured’s responses can make a big difference in resolving the outcome of a claim.
Daniel Odess, President of GlobalPro Recovery, was honored to be invited to speak on this topic at the 16th Annual Windstorm Insurance Conference on January 19- 22 at The Roosevelt Hotel in New Orleans.
The 2015 WIND Conference was organized by the Windstorm Insurance Network, Inc., a non-profit, organization dedicated to providing education and training, and to promoting a cooperative dialogue among professionals concerned with windstorm insurance issues.
During the conference, Mr. Odess served with several other distinguished experts on a panel that focused on “The Law and Effective Examinations Under Oath: A Practical Approach.” The goal was to provide WIND conference attendees with a better understanding of the laws that affect an insured’s compliance with post-loss conditions, and give them an opportunity to observe an examination under oath.
In the simulated examination, the Panel provided commentary regarding the most effective approaches to eliciting relevant information, as well as the best tactics to control a claim investigation as well as the insurer’s potential irrelevant inquiry. The examination also covered the contractual limitations that set the parameters for the examination under oath inquiry, as well as the obligations of insureds and third parties, including family members, and public adjusters representing the insured.
The panel included two lawyers and an engineering professional, so that attendees could gain the benefits of both legal and practical issues.