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Evan H. Krinick, a partner with Rivkin Radler, writes: The payment or rejection of claims is a part of the regular business of insurance companies. Toward that end, carriers rely on a wide variety of processes and individuals to determine whether claims should be paid or denied, or whether particular claims are fraudulent. In many instances, an insurer will exercise its right under an insurance policy to have its attorneys conduct an examination under oath (EUO) of an insured. An issue that commonly arises is whether a report, letter, or other documents prepared by counsel following an EUO are discoverable by the insured in the event the claim is denied and litigation ensues.
May 01, 2009 at 12:00 AM
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