In a suspicious insurance claim, it is common for insurers to request that an insured answer questions about the claim at an examination under oath (“EUO”). But a new opinion from the California Court of appeal changes what an insured can record at an EUO. In Myasnyankin v. Nationwide Mut. Ins. Co., — Cal. Rptr. 3d –, 2024 WL 340287 (Jan. 30, 2024), the court held that an insured can now demand to videotape not only the person taking the EUO but also anyone else present during the proceeding. In so ruling, the court relied on California Insurance Code section 2071.01(a)(4) which states that an insured “may record the [EUO] examination proceedings in their entirety.” The court interpreted this language to mean that an insured is permitted to record “every element and part of the examination proceeding,” including the insurer’s representatives at an EUO. An insured also does not need to hire a professional videographer. The insured can record the proceeding on a smartphone which “can be placed on a tripod or otherwise propped up and left to record the insurer’s representatives, without the need for a person standing by.” Continue Reading New Decision Gives an Insured the Right to Videotape Examinations Under Oath
Auto insurers are often asked by their insureds and third-party claimants to pay for what are known as “diminished value” damages in connection with car accidents. Generally speaking, “diminished value” is the loss of market value of the damaged vehicle caused by the accident. Cars that have been involved in accidents are generally worth less than cars that have not. That is one of the reasons Carfax reports exist, identifying whether a particular vehicle has been involved in a significant accident.Continue Reading Are Third-Party Diminished Value Damages Claims Covered in California?