Strategies, Challenges, and Answers

Insurance Fraud Can Be A Lot of Things.

Nevada’s definition of “insurance fraud” is very broad. NRS 686A.2815.  Some may think that it requires presenting papers or evidence to an insurer in order to commit fraud.  However, those people would be incorrect.  Fraud can include concealing information or omitting information material to an insurance matter.  Id. at (1)-(3).A person who knowingly provides false or misleading information as part of an insurance application is committing fraud.  Id. at (1). However, it is fraud to not … [Read more...]

Assertion Of Fifth Amendment Privilege No Excuse For Refusing An EUO

On July 19, 1985, a fire damaged the Pervis' home. Mr. Pervis filed a claim with his homeowner's insurance company State Farm. However the fire was suspicious. State Farm asked for an examination under oath. But before it could go forward, the authorities brought charges of arson against Mr. Pervis. When the time came for the EUO to go forward, Mr. Pervis asserted his Fifth Amendment right to remain silent and refused to sit for an examination.The arson trial went forward and Mr. Pervis was … [Read more...]

Can Anyone Find A Reported Nevada Case That Deals With Examinations Under Oath?

An insured’s obligation to give an Examinations Under Oath in conjunction with an insurance claim has been around a long time.  Take for example the case of Claflin v. Commonwealth Ins. Co., 110 U.S. 81, 3 S. Ct. 507, 28 L. Ed. 76 (1884). There, the U.S. Supreme Court explained that the purpose behind an Examination Under Oath was "to enable the [insurance] company to possess itself of all knowledge and all information as to other sources and means of knowledge, in regard to the facts, material … [Read more...]

An Examination Under Oath Is A Particularly Useful Investigation Tool Where “Fraud Indicators” Are Present. Here Is Why . . .

Almost all insurance policies give the carrier a right to conduct an Examination Under Oath (EUO) of the insured.  However, an EUO is a tool that is less often used.  That is because recorded statements are usually enough to get the carrier the information that it needs to address a particular claim.  In addition, EUOs are more expensive because the carrier has to hire a court reporter and often a lawyer to conduct the examination.  With all of the preparation involved, EUOs will take more time, … [Read more...]