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Date: September 22, 2009
Host: Alan Garfinkel View Transcript | Archive Index For All Legal Chats Standing in the street mournfully staring at what used to be your home can leave a person struggling to take the next step. Do you know where, or how, to start rebuilding? Homeowners insurance covers such a wide range of property and liability scenarios, including but not limited to; damage by fire or vandalism to an individual being injured on your property. There are also many types of losses and events such as earthquakes, hurricanes, floods or "Acts of God" which can be excluded unless specific insurance coverage is in place. It is truly important to have a firm understanding of your policy. Learn more about this vast and sometimes confusing topic with Attorney Alan Garfinkel on September 22nd at 2 PM ET (1 Central, 11 Pacific) and start rebuilding. ALAN GARFINKEL is an Orlando, Florida lawyer and founder of Garfinkel Trial Group, an 22-lawyer plaintiffs' personal injury and natural disaster law firm. A graduate of Florida State University, Mr. Garfinkel is Board Certified and is also "AV-rated" by Martindale Hubbell (the highest possible rating) and is admitted to the United States Supreme Court, Florida Supreme Court and multiple Federal Courts. His associates are licensed to practice in multiple states including,
Alabama, California, Georgia, Louisiana, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, and Virginia. Alan is on the board of directors of Florida's largest charity for families of injured workers. http://www.hurricanejustice.com Live Chat Transcript Attorney Garfinkel: "Good afternoon everyone. This is attorney Scott Dornstein sitting in for Alan Garfinkel."
Attorney Garfinkel: "Please feel free to submit your questions at any time and I will answer them in the order received."
Attorney Garfinkel: "Please be aware that those of us on the east coast are still in the thick of hurricane season. We've been lucky so far but we are entering the most active portion of the season, and don't forget, Hurricane Wilma caused massive damage to South Florida in late October, 2005. Be prepared, including making sure that your insurance policy is in a safe place where you can get to it in an emergency"
Attorney Garfinkel: "As you may or may not be aware, you have certain duties under your insurance policy when you make a claim. Some of those duties include allowing your insurer to gather information regarding your loss by providing documents and submitting to an examination under oath."
Attorney Garfinkel: "An examination under oath is a investigate tool that insurance companies use. It is basically an interview, usually done by the attorney of the insurance company, that is under oath"
Attorney Garfinkel: "It is somewhat similar to a deposition that you might have to give during the pendancy of a lawsuit. The difference is that an examination under oath is governed by a contract (the insurance policy) rather than the rules of civil procedure. For example, while your attorney can be present during the EUO he cannot object as he could during a deposition."
Attorney Garfinkel: "Hello JEB2"
JEB2: "Hello Atty. Garfinkel: My query was previously submitted."
Attorney Garfinkel: "I don't have it, what was the question?"
JEB2: "I would like to report fraud on the part of the plaintiff in a slip/fall case. Would it be best to contact the defendant's attorney or defendant? As an attorney, if you were to receive such information anonymously, which method of communication would you recommend that would ensure anonymity? via letter or telephone. Thank you.""
Attorney Garfinkel: "Well, I would definitely contact the Defendant's attorney rather than the Defendant himself."
Attorney Garfinkel: "Telephonic communication would certainly protect your anonymity better than submitting a written communication but you need to be prepared for the attorney to want some information from you that could corroborate your allegations"
Attorney Garfinkel: "I would also imagine they would want you as a witness."
JEB2: "okay, if I do that I don't want to direct his due diligence or be presumptious. I just want to give the atty. information to direct his discovery that this person was not injured in any way and there are records to prove it."
Attorney Garfinkel: "Those are the kind of things you need to think about"
Attorney Garfinkel: "I appreciate that"
Attorney Garfinkel: "My concern, if I was representing you, would be that you would open yourself up to potentially becoming involved in the lawsuit in a more direct and meaningful way"
Attorney Garfinkel: "And I don't want to discourage you from bringing forth pertinent information. There is too much fraud out there and if it can be stopped, even one case at a time, that is a good thing, but you seem to want to remain in the background, which you wouldn't be guaranteed of continuing in once you come forward"
JEB2: "I was trying to avoid that. I feel that if I directed the atty. to the records then hopefully that would speak for itself rather than a subpoena to all church members."
Attorney Garfinkel: "I would hope that is how it would go."
JEB2: "anonymously of course"
Attorney Garfinkel: "Of course."
JEB2: "Well, thanks. I think I need to think through the phone call to def.'s atty."
Attorney Garfinkel: "I would just advise that you keep in mind that the attorney is going to want some corroborating information from you, like your name and how you know what you say you know."
Attorney Garfinkel: "The attorney may also already have the information, you never know"
Attorney Garfinkel: "But best of luck to you, and I much admire your willingness to step forward like that"
JEB2: "I may just identify myself as a church congregant and tell him/her what I know. But thanks!!"
Attorney Garfinkel: "Thank you to JEB2 for his question. Back to property insurance discussion"
Attorney Garfinkel: "As to EUO's, insurance companies often use the threat of an EUO to discourage insureds from moving forward with their claims"
Attorney Garfinkel: "An EUO is nothing to fear, espescially if you have representation with you. Do not let the threat of having to submit to an examination discourage you from moving forward with a legitimate claim. You paid your premiums and you deserve to be paid under the policy."
Attorney Garfinkel: "Similarly, make sure you gather all necessary documents, including receipts for repairs, contracts with contractors, etc., so that you can turn everything over to your insurance company upon request"
Attorney Garfinkel: "You might have to jump through some hoops, but if you comply, you are much more likely to be succesful in obtaining payment on your claim."
Attorney Garfinkel: "The danger in not complying is drastic."
Attorney Garfinkel: "Potentially, your policy could be voided and you would be entitled to no money, even on a legitimate claim, if you breach the cooperation clause of a policvy"
Attorney Garfinkel: "Please make sure that you speak to a lawyer if your insurer is demanding an examination under oath or document production"
Attorney Garfinkel: "Thank you everyone for attending and please keep those questions coming. We'll speak again in two weeks."
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