Recorded Statements and Transcripts

February 29, 2016

We recently had a homeowners claim wherein the insurance company requested a recorded statement from the insured regarding a loss. The insured complied per their policy after which SIU was brought in to do an investigation.

The insurance company is now requesting another recorded statement from the insured. The insured is requesting a transcribed copy of the first recorded statement prior to giving another statement.

The insurance company is refusing to give a transcribed copy of the first recorded statement to the homeowner before the second scheduled recorded statement takes place.

Is it within the insured's rights to first have a copy of the original recorded statement before giving another one? Is the insurance company allowed to withhold this transcribed copy of their recorded statement from the homeowner?

Pennsylvania Subscriber

The policy does not discuss giving copies of transcripts to the insured. However, a carrier may not want to give an insured a transcript before the recorded statement is taken. If the insured is telling the truth, he will not need to see the transcript to remember what he said the first time. The insured has a duty to cooperate and submit to an examination under oath as often as the insurer reasonably requires, and two recorded statements are not excessive or unreasonable. The carrier is within its rights to withhold the documentation until the investigation is concluded. The insured can have an attorney present if he desires.

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