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Raising Your Right Hand

Brace yourself for a big "gulp" moment. Today's mail -- or perhaps the sheriff -- has delivered a subpoena for you to appear for a deposition in five weeks. You'll be grilled about a claim you handled four years ago.

By Staff Writer | Updated on April 30, 2009

Brace yourself for a big “gulp” moment. Today’s mail — or perhaps the sheriff — has delivered a subpoena for you to appear for a deposition in five weeks. You’ll be grilled about a claim you handled four years ago. You thought it was closed — over and done with — but as Yogi Berra said, “It ain’t over till it’s over.”

An adjuster may have to give a deposition for various reasons. Either he or his company may be a defendant in a bad-faith claim. Someone could be suing the insurer or the TPA over the way a claim was handled, or there could be a dispute between a reinsurer and a ceding company. There are a host of other scenarios: a primary insurance carrier and an excess carrier are fighting, or maybe the adjuster is a defendant. In other cases, the adjuster’s deposition may be part of a lawyer’s fishing expedition.

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