In Alabama, property and casualty insurance companies are making aggressive use of the examination under oath provision of insurance contracts. The examination permits the insurer to observe the insured’s demeanor and trustworthiness and to obtain detailed information concerning the insured’s claims after a loss.

The examination under oath is a formal proceeding before a court reporter and recorded in a verbatim transcript. Every question and answer is made a part of the record.

Why You Need An Attorney
Do not go to the examination under oath without a lawyer present. The Hackney Law Firm in Birmingham will guide you through this process. It is important to work with an attorney who has experience handling property insurance litigation when you receive an examination under oath notification from your insurance company.

Attorney J. Danny Hackney was a former insurance adjuster and has decades of experience handling examination under oath proceedings and issues.

Your Duties As A Policyholder
Property insurance contracts almost universally dictate certain duties to policyholder(s) in the event of a covered loss. These duties usually require the insured to:

• Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss. Attach all bills, receipts and related documents that justify the figures in the inventory.
• Show the damaged property
• Provide the insurer with records and documents as requested.
• Submit to examination under oath, while not in the presence of any other insured.

In the policy contract, your insurer has given itself the right to question you “under oath” about the details of the loss/claim. “Under oath” means you legally swear that your answers are truthful.

Inventory Of Your Personal Property
You will be directed to bring documents of your policies, financial statements and receipts showing your losses. This can be impossible if you had a fire loss or other storm damage that ruined these documents. You are required to make every reasonable effort to reproduce these documents.

We can help you through this process. We have methods to help us obtain at least some of these documents to provide evidence of the property and assets you lost.

The insurance carrier is entitled to view your financial records to determine that you had the income or credit to actually purchase the items you are claiming as a loss. This can have a substantial impact during your proceeding. We will ensure all information provided is accurate and that you have the financial statements and documentation to back up your inventory list.

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Severe storms are a common occurrence in Alabama. Tornadoes, hurricanes, floods and severe weather cause millions of dollars of damage to homes, vehicles and other property each year.

Unfortunately, unscrupulous insurance companies are even more common. Although your insurance policy contract may cover the full value of your damaged home, farm or business, it is unlikely your insurance company will surrender that value without a fight. These days, many insurers’ business models are based on limiting insurance payouts, even when the accompanying insurance claims are valid and accurate.

For this reason, it is important that you retain an experienced Alabama property damage attorney any time you have a catastrophic storm damage claim. At The Hackney Law Firm, with offices in Birmingham and Montgomery, we assist policyholders throughout the state in obtaining full compensation from insurance companies for their storm damage to property.

Why Should I Hire An Attorney For My Storm Damage Claim?
The insurance company is not on your side. We are. Our founding attorney, J. Danny Hackney, worked for more than 20 years as an insurance adjuster. For nearly as long, he has worked as an insurance claim attorney, helping to obtain insurance compensation for his policy holding clients.

Mr. Hackney’s combination of experience and knowledge enables him to obtain maximum compensation for his clients in settlement negotiations, arbitrations, mediations and in hard-nosed litigation in court. Whether your insurance claim was denied, or you are filing a claim and wish to ensure it is valued according toreplacement value and not market value, we can help you. We can also pursue compensation for living expenses while you are displaced from your home.

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