The routine practice of taking a recorded statement of your insured can jeopardize your case from day one.

Insurance claims adjusters and in-house risk managers often take a recorded statement from their insured soon after learning about a loss. Often, an insured will make a damaging admission during the recorded statement that will be used against him or her in future litigation.

The goals and benefits of a recorded statement — efficiently capturing a first-hand account of an incident when it is fresh in your insured’s mind — can be achieved in other ways which provide an extra layer of protection for the defense of your case.

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How statements are used against insureds


Taking a recorded statement of your insured before litigation begins is the best thing you can do to help a plaintiff’s case. An unprepared, uncoached insured who makes a damaging admission during a recorded interview has just increased the value of your claim. Before a deposition, an insured is thoroughly prepared on how to answer questions, what questions to expect, and how to minimize damaging evidence.

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