Examination Under Oath

SKU: 61994.03

This paper discusses an insurance company’s statutory right to examine their insured under oath where loss or damage occurs to a vehicle covered by an automobile insurance contract or Standard Automobile Policy. This right, which assists an insurer in investigating a claim, is often exercised by insurers, but may not always be well-understood by counsel. In this context, the statutory basis for examining an insured under oath and its application are discussed, and leading jurisprudence on an insurer’s right to examine an insured under oath is reviewed.

This paper is part of a collection presented at LESA’s Questioning program in Edmonton on April 19, 2016 and in Calgary on April 28, 2016.

 

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