Problems viewing this email? Click Here March 3, 2016      Q&A of the Week Recorded Statements and Transcripts A Pennsylvania subscriber recently asked the following question: 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? ANSWER: 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. Read More    What's New This Week in FC&S Dwelling Lead Coverage and Exclusions The water crisis in Flint, Michigan, brought the subject of lead poisoning to the forefront of the news. Read More    Litigation Watch The Insurer and the Right to Control Defense The insured moves for reconsideration of a court order pertaining to whether an insurer loses its right to control the defense of its insured if it fails to provide the defense immediately after its duty to defend has been triggered. This case is Travelers Indemnity Company of Connecticut v. Centex Homes, 2015 WL 5836947. Centex participates in the development of residential communities, though it does not perform any actual construction work. Centex hires subcontractors to build the homes that it sells. This case arises from a number of underlying construction defect lawsuits against Centex. Centex was insured by Travelers Indemnity and tendered each of the actions against it to the insurer. Read More    Fraud of the Week Hole-in-One Scam – Washington AMOUNT: Unknown A Washington man is facing a total of seven felony charges, six for engaging in unauthorized insurance transactions in Washington. Read More        FC&S Ask the Experts Did you realize that the Q&A section of FC&S is made up of questions submitted by subscribers like you? Paid subscribers to FC&S Online or print FC&S Bulletins are invited to submit insurance coverage questions to the editors. We'll provide a personalized opinion within five business days. (We'll let you know if it will be longer than that. Sometimes we have to gather research or other supporting materials). Who knows? Your question may be featured (anonymously) in the online Q&A of the Week or as an FC&S update. Submit your coverage interpretation question right to the editors of FC&S for quick and reliable information. Ask our expert staff a question by clicking here.    Maximize Your FC&S  Online Subscription! FC&S editors regularly conduct web-based demos of the service. Feel free to contact Christine Barlow, cbarlow@alm.com, to set one up! They only take 30 minutes, a small investment of time that will help you learn all that FC&S Online has to offer.    Contact Us As always, your comments and questions are welcome. Contact us at: FC&S Department Phone: 800-543-0874 Fax: 859-692-2293 Email: eAlerts@nuco.com The Zalma Insurance Claims Library   Insurance Claims: A Comprehensive Guide The only source you'll need to successfully handle insurance claims from start to finish. More Info Construction Defects Coverage Guide Your single-source for identifying, insuring, investigating, prosecuting, and defending cases that result from construction defect claims. More Info Mold Claims Coverage Guide This guide will allow you to handle mold insurance claims and litigation resulting from mold or fungi related disputes with confidence. More Info For more information about these titles Click Here

FC&S Team Kelly Maheu, J.D. Publisher   Diane W. Richardson, CPCU Consulting Editor Christine G. Barlow, CPCU Managing Editor, FC&S   Diana B. Reitz, CPCU, AAI Consulting Editor David D. Thamann, J.D., CPCU, ARM Managing Editor, FC&S Bulletins   Emily Brunner Online/Print/Production Editor Susan L. Massmann, CPCU Managing Editor, Electronic Publications   Tosha Brinkman Marketing Manager Barry Zalma, Esq., CFE Contributing Editor   Donna Cozatchy Creative Director

This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional service. If legal advice is required, the services of a competent professional person should be sought. To ensure future delivery of email, please add admin@list.nationalunderwriter.com to your address book, contacts or safe sender list. You have received this email at %%merge members_.emailaddr_%%. Click here to unsubscribe from %%merge list.descshort%% Copyright ©2016 The National Underwriter Company, A Division of ALM Media LLC. All rights reserved.   4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874