A California appellate court recently decided that policyholders can video-record insurer representatives and attorneys during Examinations Under Oath. While the California Insurance Code allows video-recordings during Examinations, the Code does not specify which individuals can be recorded, aside from the witness.
That court considered the legislative intent of the Code and its language, allowing parties the “right to record the examination proceedings in their entirety,” then explained that permitting video-recordings of insurance adjusters, fraud investigators, or attorneys, would apparently promote enhanced consumer protection while preventing the harassment of policyholders during Examinations.
This decision follows what HKR perceives as a growing trend of pro-consumer caselaw allowing policyholders to record or videotape adjusters and appraisers in the performance of their normal duties. Meanwhile, we note that 38 states are “one consent” jurisdictions, i.e. states that do not require consent from all parties to record conversations.
Whether this trend in the caselaw will continue deserves monitoring, while all claims professionals should be aware of the trend toward recording.
The opinion can be found here.
This post was originally published through Horst Krekstein & Runyon’s Property in 60 Seconds Newsletter. If you would like to receive future copies of that newsletter, please contact Sean Dever at sdever@hkr.law.