During the course of this segment, I would like to focus on the issue of recorded statements in connection with the filing of a claim under your homeowner insurance policy where the claim concerns firearms and related equipment
This segment will focus on the homeowner three insurance policy is the most common policy in Massachusetts where the home is owner-occupied
Generally when a homeowner insurance claim is filed the claim gets assigned to an adjuster.
The adjuster contacts the homeowner and arranges for inspection and evaluation of the damage.
The adjuster then confirms coverage and the claim is paid based on the undisputed amount of damage.
There are times when this is not the normal procedure.
There are times when after the claim has been reported by the homeowner the adjuster will request or insist that the homeowner insured provide a recorded statement or submit to a recorded interview.
If you are presented with a request to provide a recorded statement you should ask yourself a couple of questions
First is this request by the insurance adjuster or is the request by an investigator or by someone assigned to a special investigation unit of the insurance company
Secondly is why is the insurance company presenting you with this request.
You need to ask yourself whether the insurance company investigating the subject claim, or the issue of insurance coverage or are they investigating you the homeowner.
Without getting into the issue of politics you need to ask yourself whether the person handling your claim will be handling it without prejudice or bias.
Will they have a certain prejudice or bias to the fact that you are a properly licensed gun owner with certain Second Amendment rights.
You as the insured homeowner have certain duties and obligations under the insurance policy. Which I will more fully address in a separate segment
However, One of those duties and obligations is for you the insured to reasonably cooperate in any investigation.
Failure of you to reasonably cooperate in an investigation can lay the foundation for the insurance company to deny your claim for no other reason than for your failure to reasonably cooperate.
Remember that even though you have certain obligations and duties of cooperation under the contract of insurance. You also have certain rights
One of your rights is the right to have an attorney of your own choosing present at your expense during your questioning.
Even though the matter is of a civil and not criminal nature.
You need to recognize that any recorded statement you give to the insurance company can be obtained by law enforcement.
If you are asked to give a recorded statement or interview or if you are contacted by someone from the special investigation unit You should give careful consideration as to whether you at this point in time need to consult with an attorney who concentrates in homeowner insurance claims.
Many times an attorney who is experienced with homeowner insurance claims can assist you in fulfilling your obligations to the insurance company all while protecting your rights.
In selecting an attorney you should consider the fact that in today’s marketplace most attorneys have a certain concentration.
You need to consider whether an attorney who concentrates in real estate, or personal injury or family law is your best choice to assist you to navigate your rights duties and obligations under homeowner insurance policy
Hopefully this segment has given you some direction in order to further educate yourself on the issue of recorded statements in connection with and Massachusetts homeowner three insurance policy.
One of the best protections of your second amendment rights is to be an educated, knowledgeable and responsible gun owner
DISCLAIMER: This and other segments posted on this website are offered for informational and discussion purposes only and is not offered as legal advice. .