The Examination Under Oath  

The examination under oath is an essential weapon in the insurer's arsenal of tools to defeat insurance fraud, these decisions are exceedingly important to every fraud investigator and insurance fraud counsel.

 

The examination under oath is taken under the authority provided by a condition of the insurance policy, usually statutorily imposed as part of the standard fire policy, that compels the insured to appear and give sworn testimony on the demand of the insurer. A certified shorthand reporter and notary are always present to give the oath to the witness and take down all of the words spoken during the interview.

The adjuster, or if it a complex case, the attorney retained to represent the insurer, question the witness in a manner similar to a deposition in a legal proceeding. Because of the formality of the proceeding, the oath, and the presence of the certified shorthand reporter the task of obtaining information and establishing rapport with the witness is more difficult. The examination under oath is an effective tool for learning as much information as is possible and is an effective weapon against insurance fraud. Often, however, the purpose of the examination under oath is not to stop fraud but rather to allow an insured the opportunity to prove his or her loss because evidence was destroyed by a casualty or is otherwise unavailable.