Legal Question in Insurance Law in Georgia
I had a breakin back in July 2009. I completed a police report and filed a claim with my insurance company. I met with the adjuster and gave sworn recorded statements about the damages and items stolen. My insurance company is now requesting that I meet with their lawyers in their office. I rescheduled the meeting til Dec 21. I did not have any receipts for the items stolen but I did provide manuels for the items. Why am I being asked again to submit to question by their attorneys in their office before my claim can be paid? I have had this insurance for maybe 15 years and have never filed a claim.
2 Answers from Attorneys
Within certain limits, the insurer has the right to investigate the claim fully, including requiring you to submit to the type of questioning you described. There may be a red flag that made your claim stand out (for example, suspicious circumstances or an unusually expensive item stolen, etc), or it may be as simple as a random audit or unanswered question. It sounds as if the insurer is within the bounds of standard operating procedure.
The policy gives the insurer the right to conduct a "sworn statement under oath" of an insured in a 1st party claim (that is what you have). That is similar to a deposition. An insurance company lawyer will ask you questions (some probably tricky) and you have to answer under oath. This opens the door to perjury if you do not tell the truth. The only reason an insurer goes to this trouble and expense is if they are planning to deny the claim and are trying to set the insured up in some way. I would never go to such a "sworn statement under oath" without having a lawyer to protect me from abusive questioning. Also, it seems you need legal advice as it is almost 6 months after the event and it does not look like they intend to pay the claim. Hire a lawyer experienced in insurance claims immediately!
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