Kelly Kubiak is one of Merlin Law Group’s most successful attorneys. She and I will discuss the examination under oath on a free livestream at 2 pm.

The United States Supreme Court long ago remarked on the purpose of the Examination Under Oath:

The object of the provisions in the policies of insurance, requiring the assured to submit himself to an examination under oath … was to enable the company to possess itself of all knowledge, and all information as to other sources and means of knowledge, in regard to the facts, material to their rights, to enable them to decide upon their obligations, and to protect them against false claims. And every interrogatory that was relevant and pertinent in such an examination was material, in the sense that a true answer to it was of the substance of the obligation of the assured.1

Ed Eshoo, from Merlin Law Group’s Chicago office, wrote an excellent article published by Adjusting Today,2 Everything You Always Wanted to Know About Examinations Under Oath — But Were Afraid to Ask! Kelly and I will be liberally taking topics raised by Ed Eshoo.

We will also go over practical aspects about examinations under oath (EUO) which get raised every time an insurer demands a policyholder attend such an examination. An EUO is an important and formal event which can determine if the claim is going to be paid or litigation will result.

So, join me this afternoon and bring questions for Tuesdays at 2 with Chip Merlin as Kelly Kubiak and I explore this important topic.

Thought For The Day

Open-minded people tend to be interested in Buddhism because Buddha urged people to investigate things – he didn’t just command them to believe.
—Dalai Lama
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1 Claflin v. Commonwealth Ins. Co., 110 U.S. 81, 94-95 (1884).
2 Adjusting Today is published as a public service by Adjusters International, Inc.

Memorial Day is a special time to remember those men and women who have given their lives during service in our country’s military. A History Channel has this note about the beginning of this special holiday:

In May 1868, General John A. Logan, the commander-in-chief of the Union veterans’ group known as the Grand Army of the Republic, issued a decree that May 30 should become a nationwide day of commemoration for the more than 620,000 soldiers killed in the recently ended Civil War. On Decoration Day, as Logan dubbed it, Americans should lay flowers and decorate the graves of the war dead ‘whose bodies now lie in almost every city, village and hamlet churchyard in the land.’

….

After the war Logan, who had served as a U.S. congressman before resigning to rejoin the army, returned to his political career, eventually serving in both the House and Senate and was the unsuccessful Republican candidate for vice president in 1884. When he died two years later, Logan’s body laid in state in the rotunda of the United States Capitol, making him one of just 33 people to have received the honor. Today, Washington, D.C.’s Logan Circle and several townships across the country are named in honor of this champion of veterans and those killed in battle. Continue Reading Memorial Day and The War Clause in Property Insurance Polices

A policy is a contract and should represent the clear intent of both parties under the agreement. But what happens if what was intended to be covered under a policy is not actually described in the policy? Continue Reading Can An Insurance Claim Be Denied If The Policy’s Property Description Does Not Match The Property That Has Been Under The Same Insurance For Years?

People’s Trust Insurance Company (“PTIC”) is well-known for invoking the “election to repair” policy provision once it determines a covered cause of loss occurred to property by a peril insured against under the policy.

In conjunction with the “election to repair” clause, PTIC offers Endorsement E023 – “Preferred Contractor Endorsement” in exchange for a premium credit. This is a trap for many homeowners. Continue Reading Declaratory Judgment Action May Be Forthcoming If An Insurer Invokes Its Right To Repair

For anyone following the daily flood of developments regarding business interruption and COVID-19, insurance commentator Bill Wilson is a good source to read and follow. Astutely, his website is www.insurancecommentary.com. Mr. Wilson’s newest post, It’s Not Just About ‘Direct Physical Damage’,1 raises interesting new arguments about Civil Authority claims – a sub-coverage within business interruption. He breaks down some factors that lean both for and against civil authority coverage for COVID-19 claims based on some interesting historical research. Continue Reading Bill Wilson’s New Commentary on ISO Civil Authority policies and Covid-19 Provides Great Fodder for Debate

Corey Harris

Corey Harris and I will be hosting the second discussion about Proofs Of Loss this Friday afternoon at 2 PM EST. Those viewers tuning in to the Livestream will also be invited to get our new Merlin Law Group educational ebook about Proofs of Loss. Continue Reading Does A Proof of Loss Have to Be Notarized? Join the Livestream Proof of Loss Discussion on Friday at 2PM EST

To paraphrase a famous quote, “Do something today that your future self will thank you for. Make sure you pay extra attention to that insurance application.” Continue Reading “Let’s Call the Whole Thing Off”: Why policyholders must pay special attention to application questions and answers

Mick Jagger sang that “time is on my side.” That is not true when it comes to insurance policies. At 2 PM EST today, Merlin Law Group Attorney Larry Bache and yours truly will discuss those important and often overlooked time frames for repair and replacement required under insurance policies. Continue Reading Replacement, Repair and Law & Ordinance Time Frames—Do Not Miss Tuesday at 2 With Chip For a Discussion About Often Overlooked Time Frames

With COVID-19 business closures, legislatures across the country have been grappling with new questions, including what protections may be afforded by business income insurance. As of late, members of legislatures in states like New York1 and Pennsylvania2 have all proposed legislation in favor of affording coverage for claims that might otherwise be excluded. While these bills have not passed, they may offer some indication about what legal issues could arise in the future.3 Continue Reading State Legislatures Aim to Afford COVID-19 Coverage