Homeowner Insurance Claim Info

Severe Wind Damage Expected: Residence Should Take Preventative Measures to Protect Property and Review Insurance Coverage

Property Claim Tips, LLC — with severe winds forecasted in Ohio, Pennsylvania, New York, today and tomorrow homeowners need to take preventative measures to protect their property and to also review their insurance policy in case a claim may need to be filed with their insurance company.

We all remember the major winds and damage caused by prior hurricanes during 2004-2005. These disasters taught us all about the importance of being proactive to ensure property is protected and the insurance and disaster recovery steps are understood.

Homeowners with questions about the homeowner insurance claim process can call  Property Claim Tips, LLC for our opinions. They can also visit www.propertyclaimtips.com to review our claim kits. These claim kits provide opinions from a public adjuster point of view.

Our 9 steps walk you through the entire claim process when filing a homeowner insurance claim in the event that property is damaged from a storm, fire, lightning, hail, and much more.

Advance Insurance Planning Tips:

• Inspect the outside of your property: ensure your siding, shingles, awning, and porch furniture are secure or stored away. Also address loose tree limbs and dead trees.
• Examine your homeowners/rental coverage to determine if you need to revise your policy to reflect any improvements or changes that will affect your coverage needs.
• Be sure you have adequate coverage and deductibles that are reasonable for your needs.
• Wind, rain, hail, lightning and tornado damage are generally covered in a standard homeowner’s insurance policy.
• Since flood insurance is not included in routine homeowner and renter’s insurance policies, now is the time to check on the necessity and availability of flood insurance in your area. Call the National Flood Insurance Program (NFIP) at 1-800-638-6620 to learn more.
• Ask your insurance agent about whether a policy rider for flooding from sewer backups or sump pump issues is appropriate to add to your policy. Not all insurance companies offer this type of protection.
• Compile a detailed written inventory of your home and belongings and supplement that inventory with a videotape or photographs. Keep the inventory off-premises in a safety deposit box, or other secure location.

If You Have Suffered Damage to Your Property Due to a Storm:

• Call your insurance company as soon as you can. Be sure your agent knows how to contact you.
• Take reasonable steps to prevent additional damage if permitted by public safety authorities and if you will not endanger yourself.   Call your local utility to let them know of any downed power lines.  DO NOT attempt to move any power lines that may have fallen on your property.
• Closely inspect property for damage. Note and photograph any and all damage.
• If required to seek temporary housing, check your policy for “loss of use“or “ALE” Additional Living Expense usually located under Coverage D on the Declaration Page.
• Be sure everything is considered in your claim. Back up claims with written estimates.

Furthermore, be aware of unscrupulous contractors that tend to drift state-to-state and prey on desperate people anxious to get their property repaired and lives back in order.

Consumers are encouraged to:

• Contact your insurance company to notify your property damage after a disaster. You should know the policy type you have purchased. Our claim kits show you how to identify your policy type in advance.
• Obtain a list of reputable contractors from the Better Business Bureau or specialized consumer organizations. Insurance companies have preferred vendors that work for them keeping prices down. This is how they control the industry and price they want to pay. Often, pricing disputes develop and when they do what can you to do?  It is all laid out for you in our claim kits. Knowledge = Power to Negotiate Yourself. Save Time & Money!!!
• Contact multiple contractors and obtain more than one estimate. Make sure that these contractors use a unit cost estimating software system. Simsol, Xactimate, Integra Claim, Power Claim
• Request references from contractors and contact the references to verify work was completed timely and to satisfaction. Also, make sure they are licensed and insured!!!
• Obtain, in writing, the terms and conditions of the project.
• Avoid signing a contract until the document is reviewed fully and/or discuss the terms of the contract with a legal representative or a trusted adviser.

• Avoid signing a contract that has not been completed fully or is vague in description.
• Pay contractors by check or credit card, rather than in cash.
• NEVER pay a contractor in FULL, or sign a completion certificate until all work has been satisfactorily finished.
• Do not provide the contractor with your personal information, such as your social security number.
• Consider hiring a public adjuster for assistance in the negotiation and/or settlement of a claim, if you feel that you cannot negotiate yourself with one of our claim kits.

Homeowner’s with questions and concerns about their homeowner insurance policy can call the (215) 364.4546. Free information can also be obtained at www.propertyclaimtips.com by signing up for our FREE Reports.

Just remember that Knowledge = Power to Negotiate Higher Insurance Claim Settlements Yourself. At Property Claim Tips we are devoted to walking homeowners through a 9 step easy-to-follow process that allows the homeowner to present their own homeowner insurance claim Saving Time & Money!!!

We encourage you to visit www.propertyclaimtips.com and find the claim kit you need to deal with your insurance company. Also, make certain to sign up for our FREE SPECIAL REPORT called “Your Duties & Responsibilities After a Loss.”

Rick Kinney

“Your Advocate in Property Damage Homeowner Insurance Claims “

The Plaintiff
Personal History: (Anticipate every question in the answers to Interrogatories being posed again!) The following questions are just some of the questions a defense attorney can ask a personal injury plaintiff. We obtained these questions from a list prepared by insurance companies and given to their defense attorneys.

Name in Full
Given Name
Name on Birth Certificate
Ever Used Any Other Name
If Plaintiff Female
Any Name When Married
Previous Names By Marriage
Nicknames or Names by Which Generally Known
Day, Month & Year of Birth

Place of Birth
Ever Given Any Other Day of Birth
If So, Why
Schooling:

What schools attended
What schools graduated
When left such school
Any special training schools
High schools
Special Training in military service
Past Employment:

First job after leaving school
Names, Addresses of employers
If small corporation, who was owner
Is company still in business
Present address
Actual reason for leaving, resigned, discharged
Stated reason to employer for leaving
Ever left employment or changed place of employment for reasons of health
What employer plan or hospitalization if any, what insurance company
Present Employment if not Employee of Defendant:

When first employed
Was any condition of health concealed from present employer or any employer
If so, what and why
Any workman’s compensation benefits ever received from present employer
Any hospitalization or medical services furnished by employer or employers or insurance company
Condition of Health Prior to Accident:

Name of Regular Family Doctor
Doctor normally called by plaintiff or members of family when necessary
Present and past addresses of such doctor still in practice
Physical conditions for which treated or examined by such doctor
Any regular physical checkups by such doctor
Physical examination if any by present employer by past employers
Ever hospitalized for any condition of health
Ever X-Ray ed:

If so, what hospitals, when, where, what condition of health, period of stay, period of disability from work
Ever have any prior condition of health causing pain in any part of body, when, what part of body
Ever have numbness, tingling, dizziness any trouble with eye sight, hearing, breathing, maintaining balance, and pain in area

Claim History:
Ever have accident/injury for which claim was made by plaintiff or against plaintiff
Ever received any money from any insurance company for claimed personal illness or accident
Any health insurance (even if no claim)
What company at present
Any other companies in the past
Any benefits received from other company
Life Insurance:

Medical examinations for life insurance
When, where, what doctor
Names of companies with which policies >presently held or formerly held
Ever rejected on application for life insurance
Family History:

Married or single
Name of wife, husband
Ever divorced
Names of previous wives, husbands
Former residences
Place where divorce occurred
Present name of previous spouse
Children
Age of children
Residence of children
Children by other marriages
Any dependent children
Driver’s License:

What state, when issued
Record number & date of issue
Any restrictions on license
Ever have license suspended
Ever licensed in other states which was suspended or restrictions
Criminal record:

Ever been arrested
Ever jailed
Ever suspended sentence
Ever convicted of felony
Ever placed on probation
Driving license ever suspended for traffic violation for other reasons
Personal Habits:

Use of alcohol
Frequency
Any alcohol on day of accident
Any alcohol within 24 hours before accident
Personal Information:

Ever wear glasses for reading or generally
Where glasses obtained
Reason for wearing glasses
Name of doctor prescribing glasses
Have glasses recently been
changed since accident
Same glasses now as before accident
Why not
Glasses broke in accident
Glasses on person in accident
Previous earning:

Employment at time of accident
Hourly rate of pay
Normal rate of pay
Normal working hours
Overtime
Average yearly earnings
Average monthly earnings presented paid
Average paycheck take home
Previous earnings from other employers
Present rate of pay
If plaintiff not returned to employment:

Rate of pay presently being paid for or a time of accident
Any earnings from second jobs
Any earnings from self-employment
Any past earnings from any source
Any past income from any source

Military Service:
When and where registered for military service
If deferred, for what reason
Classification
Draft Card
Social Security Number
If in service :
serial number
place entered service
place discharged from service
Request authorization to obtain records
Army
Navy
Veteran’s Bureau
Selected Service records
Any disability payment at present or ever
Date of discharge
Does plaintiff have copy of discharge papers
Ability to read:
Inquire as to schooling
If schooling limited inquire as to ability to read on asking questions about eyesight
Does Plaintiff have any difficulty in reading newspapers, books and letters from friends

THE ACCIDENT/MEDICALS:
Location:
Exact location, if possible
Landmarks
Special objects in vicinity
Is condition of area the same now
What changes
Was condition of area the same on other occasions before accident
Any special condition on day of accident
Familiarity of plaintiff with the area
Prior to accident any different condition noted
How frequently is plaintiff in area
Conditions in area:

Lighting
If artificial lights, were lights on
Any light bulbs missing
Any unusual condition of lighting nor normal
Any obstructions to visibility
Darkness, smoke, haze, clouds, dust, sun in eyes, raining, frosty, dampness, mud, slippery
If wears glasses, was plaintiff wearing glasses at time of accident: sun glasses or goggles.
The Accident

Plaintiffs full story of the accident in narrative form and then in chronological order

After Plaintiff has related inquire into circumstance.

Plaintiff’s Oral Statements:

Did plaintiff tell anyone how accident happened immediately after the accident

If so, who, when

Did person informed make any responses as to knowledge of accident, or any comments as to conditions surrounding accident

If another employee involved in accident, any conversation with any employee

Court rules on deposition 2002:
RULE 4:14. DEPOSITIONS UPON ORAL EXAMINATION

4:14-1. When Depositions May Be Taken

Except as otherwise provided by R. 4:14-9(a), after commencement
of the action, any party may take the testimony of
any person, including a party, by deposition upon oral
examination. Leave of court, granted with or without notice,
must be obtained only if the plaintiff seeks to take a deposition
prior to the expiration of 35 days after service of the
summons and complaint upon the defendant by any manner, except
that leave is not required if the defendant has
already served a notice of taking deposition or otherwise sought
discovery. The attendance of witnesses may be
compelled by subpoena as provided in R. 4:14-7. The deposition of
a person confined in prison may be taken only by
leave of court on such terms as the court prescribes.

Note: Source-R.R. 4:16-1. Former rule deleted and new R. 4:14-1 adopted
July 14, 1972 to be effective September 5, 1972
(formerly R. 4:10-1); amended July 21, 1980 to be effective September 8,
1980; amended July 10, 1998 to be effective
September 1, 1998; amended July 5, 2000 to be effective September 5,
2000.

4:14-2. Notice of Examination; General Requirements; Deposition of
Organization

(a) Notice. Except as otherwise provided by R. 4:14-9(b), a party
desiring to take the deposition of any person upon
oral examination shall give not less than 10 days notice in
writing to every other party to the action. The notice shall
state the time and place for taking the deposition, which shall
be reasonably convenient for all parties, and the name and
address of each person to be examined, if known, and, if the name
is not known a general description sufficient to
identify the person or the particular class or group to which the
person belongs. If a defendant fails to appear or answer
in any civil action within the time prescribed by these rules,
depositions may be taken without notice to that defendant.

(b) Time. The court may for cause shown enlarge or shorten the
time for taking the deposition.

(c) Organizations. A party may in the notice name as the deponent
a public or private corporation or a partnership or
association or governmental agency and designate with reasonable
particularity the matters on which examination is
requested. The organization so named shall designate one or more
officers, directors, or managing agents, or other
persons who consent to testify on its behalf, and may set forth
for each person designated the matters on which
testimony will be given. The persons so designated shall testify
as to matters known or reasonably available to the
organization.

(d) Production of Things. The notice to a party deponent may be
accompanied by a request made in compliance with
and in accordance with the procedure stated in R. 4:18-1 for the
production of documents and tangible things at the
taking of the deposition.

Note: Source-R.R. 4:20-1. Former rule deleted and new R. 4:14-2 adopted
July 14, 1972 to be effective September 5, 1972
(formerly in R. 4:10-1 and 4:14-1); paragraph (a) amended July 21, 1980
to be effective September 8, 1980; paragraphs (a) and
(c) amended July 13, 1994 to be effective September 1, 1994.

4:14-3. Examination and Cross-Examination; Record of Examination; Oath;
Objections

(a) Examination and Cross-Examination. Examination and
cross-examination of deponents may proceed as permitted in
the trial of actions in open court, but the cross-examination
need not be limited to the subject matter of the examination
in chief.

(b) Oath; Record. The officer before whom the deposition is to be
taken shall put the witness on oath and shall
personally, or by some one acting under the officer’s direction
and in the officer’s presence, record the testimony of the
witness. The testimony shall be recorded and transcribed on a
typewriter unless the parties agree otherwise.

(c) Objections. No objection shall be made during the taking of a
deposition except those addressed to the form of a
question or to assert a privilege, a right to confidentiality or
a limitation pursuant to a previously entered court order.
The right to object on other grounds is preserved and may be
asserted at the time the deposition testimony is proffered
at trial. An objection to the form of a question shall include a
statement by the objector as to why the form is
objectionable so as to allow the interrogator to amend the
question. No objection shall be expressed in language that
suggests an answer to the deponent. Subject to R. 4:14-4, an
attorney shall not instruct a witness not to answer a
question unless the basis of the objection is privilege, a right
to confidentiality or a limitation pursuant to a previously
entered court order. All objections made at the time of the
examination to the qualifications of the officer taking the
deposition or the person recording it, or to the manner of taking
it, or to the evidence presented, or to the conduct of
any party, and any other objection to the proceedings, shall be
noted by the officer upon the deposition. Evidential
objections to a videotaped deposition of a treating physician or
expert witness which is taken for use in lieu of trial
testimony shall be made and proceeded upon in accordance with R.
4:14-9(f).

(d) No Adjournment. Except as otherwise provided by R. 4:14-4 and
R. 4:23-1(a) all depositions shall be taken
continuously and without adjournment unless the court otherwise
orders or the parties and the deponent stipulate
otherwise.

(e) Written Questions. In lieu of participating in an oral
examination, parties may serve written questions in a sealed
envelope on the party taking the deposition and that party shall
transmit them to the officer, who shall propound them
to the witness and record the answers verbatim.

(f) Consultation with the Deponent. Once the deponent has been
sworn, there shall be no communication between the
deponent and counsel during the course of the deposition while
testimony is being taken except with regard to the
assertion of a claim of privilege, a right to confidentiality or a
limitation pursuant to a previously entered court order.

Note: Source-R.R. 4:16-3, 4:20-3. Paragraphs (b), (d) and (e) amended
July 14, 1972 to be effective September 5, 1972
(Paragraph (a) formerly R. 4:10-3); paragraph (c) amended July 21, 1980
to be effective September 8, 1980; paragraphs (b) and
(e) amended July 13, 1994 to be effective September 1, 1994; paragraph
(c) amended and paragraph (f) added June 28, 1996 to
be effective September 1, 1996.

4:14-4. Motion or Application to Terminate or Limit Examination or for
Sanctions

At any time during the taking of the deposition, on formal motion
or telephone application to the court of a party or of
the deponent and upon a showing that the examination or any part
thereof is being conducted or defended in bad faith
or in such manner as unreasonably to annoy, embarrass or oppress
the deponent or party, or in violation of R.
4:14-3(c) or (f), the court may order the person conducting the
examination to cease forthwith from taking the
deposition, or may limit the scope and manner of the taking of
the deposition as provided in R. 4:10-3. If the order
made terminates the examination, it shall be resumed thereafter
only upon further order of the court in which the action
is pending. Upon demand of the objecting party or deponent, the
taking of the deposition shall be suspended for the
time necessary to make a motion or telephone application for an
order. The provisions of R. 4:23-1(c) shall apply to
the award of expenses incurred in making or defending against the
motion or telephone application.

Note: Source-R.R. 4:20-4. Amended July 14, 1972 to be effective
September 5, 1972; amended June 28, 1996 to be effective
September 1, 1996.

4:14-5. Submission to Witness; Changes; Signing

If the officer at the taking of the deposition is a certified
shorthand reporter, the witness shall not sign the deposition. If
the officer is not a certified shorthand reporter, then unless
reading and signing of the deposition are waived by
stipulation of the parties, the officer shall request the
deponent to appear at a stated time for the purpose of reading
and signing it. At that time or at such later time as the officer
and witness agree upon, the deposition shall be submitted
to the witness for examination and shall be read to or by the
witness, and any changes in form or substance which the
witness desires to make shall be entered upon the deposition by
the officer with a statement of the reasons given by the
witness for making them. The deposition shall then be signed by
the witness. If the witness fails to appear at the time
stated or if the deposition is not signed by the witness, the
officer shall sign it and state on the record the fact of the
witness’ failure or refusal to sign, together with the reason, if
any, given there for; and the deposition may then be used
as fully as though signed, unless on a motion to suppress under
R. 4:16-4(d) the court holds that the reasons given for
the refusal to sign require rejection of the deposition in whole
or in part.

Note: Source-R.R. 4:20-5. Amended July 14, 1972 to be effective
September 5, 1972; amended July 13, 1994 to be effective
September 1, 1994.

4:14-6. Certification and Filing by Officer; Exhibits; Copies

(a) Certification and Filing. The officer shall certify on the
deposition that the witness was duly sworn and that the
deposition is a true record of the testimony. The officer shall
then promptly file with the deputy clerk of the Superior
Court in the county of venue a statement captioned in the cause
setting forth the date on which the deposition was
taken, the name and address of the witness, and the name and
address of the reporter from whom a transcript of the
deposition may be obtained by payment of the prescribed fee. The
reporter shall furnish the party taking the
deposition with the original and a copy thereof. Depositions
shall not be filed unless the court so orders on its or a
party’s motion. The original deposition shall, however, be made
available to the judge to whom any proceeding in the
matter has been assigned for disposition at the time of the
hearing or as the judge may otherwise request. Filed
depositions shall be returned by the court to the party taking
the deposition after the termination of the action. A
videotaped deposition shall be sealed and filed in accordance
with R. 4:14-9(d).

(b) Documentary Evidence. Documentary evidence exhibited before
the officer or exhibits proved or identified by the
witness, may be annexed to and returned with the deposition; or
the officer shall, if requested by the party producing
the documentary evidence or exhibit, mark it as an exhibit in the
action, and return it to the party offering the same, and
the same shall be received in evidence as if annexed to and
returned with the deposition.

(c) Copies. The party taking the deposition shall bear the cost
thereof and of promptly furnishing a copy of the
transcript to the witness deposed, if an adverse party, and if
not, to any adverse party. The copy so furnished shall be
made available to all other parties for their inspection and
copying. Copies of videotaped depositions shall be made and
furnished in accordance with R. 4:14-9(d).

Note: Source-R.R. 4:20-6(a)(b)(c). Paragraph (c) amended July 14, 1972
to be effective September 5, 1972; paragraphs (a) and
(c) amended July 21, 1980 to be effective September 8, 1980; paragraph
(a) amended July 15, 1982 to be effective September
13, 1982; paragraphs (a) and (c) amended July 13, 1994 to be effective
September 1, 1994; paragraph (a) amended June 28,
1996 to be effective September 1, 1996.

4:14-7. Subpoena for Taking Depositions

(a) Form; Contents; Scope. The attendance of a witness at the
taking of depositions may be compelled by subpoena,
issued and served as prescribed by R. 1:9 insofar as applicable,
and subject to the protective provisions of R. 1:9-2 and
R. 4:10-3. The subpoena may command the person to whom it is
directed to produce designated books, papers,
documents or other objects which constitute or contain evidence
relating to all matters within the scope of examination
permitted by R. 4:10-2.

(b) Time and Place of Examination by Subpoena; Witness’ Expenses.

(1) Fact Witnesses. A resident of this State subpoenaed for the
taking of a deposition may be required to attend an
examination only at a reasonably convenient time and only in the
county of this State in which he or she resides, is
employed or transacts business in person or at such other
convenient place fixed by court order. A nonresident of this
State subpoenaed within this State may be required to attend only
at a reasonably convenient time and only in the
county in which he or she is served, at a place within this State
not more than 40 miles from the place of service, or at
such other convenient place fixed by court order. The party
subpoenaing a witness, other than one subject to
deposition on notice, shall reimburse the witness for the
out-of-pocket expenses and loss of pay, if any, incurred in
attending at the taking of depositions.

(2) Expert Witnesses and Treating Physicians. If the expert or
treating physician resides or works in New Jersey, but
the deposition is taken at a place other than the witness’
residence or place of business, the party taking the deposition
shall pay for the witness’ travel time and expenses, unless
otherwise ordered by the court. If the expert or treating
physician does not reside or work in New Jersey, the proponent of
the witness shall either (A) produce the witness, at
the proponent’s expense, in the county in which the action is
pending or at such other place in New Jersey upon which
all parties shall agree, or (B) pay all reasonable travel and
lodging expenses incurred by all parties in attending the
witness’ out-of-state deposition, unless otherwise ordered by the
court.

(c) Notice; Limitations. A subpoena commanding a person to
produce evidence for discovery purposes may be issued
only to a person whose attendance at a designated time and place
for the taking of a deposition is simultaneously
compelled. The subpoena shall state that the subpoenaed evidence
shall not be produced or released until the date
specified for the taking of the deposition and that if the
deponent is notified that a motion to quash the subpoena has
been filed, the deponent shall not produce or release the
subpoenaed evidence until ordered to do so by the court or the
release is consented to by all parties to the action. The
subpoena shall be simultaneously served no less than 10 days
prior to the date therein scheduled on the witness and on all
parties, who shall have the right at the taking of the
deposition to inspect and copy the subpoenaed evidence produced.
If evidence is produced by a subpoenaed witness
who does not attend the taking of the deposition, the parties to
whom the evidence is so furnished shall forthwith
provide notice to all other parties of the receipt thereof and of
its specific nature and contents, and shall make it
available to all other parties for inspection and copying.

Note: Source-R.R. 4:20-1 (last sentence), 4:46-4(a) (b). Paragraphs (a)
and (b) amended July 14, 1972 to be effective September
5, 1972; paragraph (c) adopted November 5, 1986 to be effective January
1, 1987; paragraph (b) re-captioned paragraph (b)(1)
and amended, paragraph (b)(2) adopted and paragraph (c) amended July 14,
1992 to be effective September 1, 1992.

4:14-8. Failure to Attend or Serve Subpoena; Expenses

If the party giving notice of the taking of a deposition fails to
attend and proceed therewith and another party attends in
person or by attorney pursuant to the notice, or if the party
giving the notice fails to serve a subpoena upon a witness
who because of such failure does not attend and another party
attends in person or by attorney because that party
expects the deposition of that witness to be taken, the court may
order the party giving the notice to pay to such other
party the reasonable expenses incurred as a result of attendance
either by the attending party or that party’s attorney,
including reasonable attorney’s fees.

Note: Source-R.R. 4:20-7(a)(b). Amended July 14, 1972 to be effective
September 5, 1972; amended July 13, 1994 to be
effective September 1, 1994.

4:14-9. Videotaped Depositions

Videotaped depositions may be taken and used in accordance with
the applicable provisions of these discovery rules
subject to the following further requirements and conditions:

(a) Time for Taking Videotaped Depositions. The provisions of R.
4:14-1 shall apply to videotaped depositions except
that such a deposition of a treating physician or expert witness
which is intended for use in lieu of trial testimony shall
not be noticed for taking until 30 days after a written report of
that witness has been furnished to all parties. Any party
desiring to take a discovery deposition of that witness shall do
so within such 30-day period.

(b) Notice. A party intending to videotape a deposition shall
serve the notice required by R. 4:14-2(a) not less than 30
days prior to the date therein fixed for the taking of the
deposition. The notice shall further state that the deposition is
to be videotaped.

(c) Transcript. The videotaping of a deposition shall not be
deemed to except it from the general requirement of
stenographic recording and typewritten transcript. Prior to the
swearing of the witness by the officer, the name, address
and firm of the videotape operator shall be stated on the record.

(d) Filing, Sealing, Copies. Immediately following the conclusion
of the videotaped deposition, the videotape operator
shall deliver the tape to the officer who shall take physical
custody thereof for the purpose of arranging for the making
of one copy thereof. Upon return to the officer of the original
and copy of the tape, the officer shall seal and file the
original with the deputy clerk of the Superior Court in the
county in which the matter is pending and shall deliver the
copy to the party taking the deposition. That party shall then
furnish a copy of the tape to an adverse party who shall
make it available for copying and inspection to all other
parties.

(e) Use. Videotaped depositions may be used at trial in
accordance with R. 4:16-1. In addition, a videotaped deposition
of a treating physician or expert witness, which has been taken
in accordance with these rules, may be used at trial in
lieu of testimony whether or not such witness is available to
testify and provided further that the party who has taken
the deposition has produced the witness for further videotaped
deposition necessitated by discovery completed
following the original videotaped deposition or for other good
cause. Disputes among parties regarding the recall of a
treating physician or expert witness shall be resolved by motion,
which shall be made as early as practicable before trial.
The taking of a videotaped deposition of a treating physician or
expert witness shall not preclude the party taking the
deposition from producing the witness at trial.

(f) Objections. Where a videotaped deposition of a treating
physician or expert witness is taken for use at trial in lieu of
testimony, all evidential objections shall, to the extent
practicable, be made during the course of the deposition. Each
party making such objection shall, within 30 days following the
completion of the deposition, file a motion for rulings
thereon and all such motions shall be consolidated for hearing. A
copy of the tape shall be edited in accordance with
said rulings and the copy so edited shall be sealed and filed
with the clerk after all parties have had the opportunity to
view and copy it.

(g) Cost of Videotaped Depositions. All out-of-pocket expenses
incurred in connection with a videotaped deposition,
including the making of copies herein required and the editing of
tapes, shall be borne, in the first instance, by the party
taking the deposition. The cost of court presentation of the
deposition shall be borne, in the first instance, by the party
offering the deposition.

(h) Record on Appeal. Where a videotaped deposition is used at
trial, a typewritten transcript thereof shall be included
in the record on appeal. The videotape itself shall not
constitute part of the record on appeal except on motion for good
cause shown.

Posted by Kenneth Vercammen NJ Law Blog at 5:53 AM
Labels: What to Expect at a Deposition
******************************************
Just remember that Knowledge = Power to Negotiate Higher Insurance Claim Settlements Yourself. We here at Property Claim Tips are devoted to helping homeowners through a 9 step easy-to-follow process that allows the homeowner to present their own homeowner insurance claim Saving Time & Money!!!

We encourage you to visit www.propertyclaimtips.com and find the claim kit you need to deal with your insurance company.

Also, make certain to sign up for our FREE SPECIAL REPORT called “Your Duties & Responsibilities After a Loss.”

Rick Kinney “Your Advocate in Property Damage Homeowner Insurance Claim “

By Jeff Harrington, Times Staff Writer

Published Friday, October 23, 2009

The board of Citizens Property Insurance on Friday unanimously approved what it called “an emergency plan” to inspect for cases of fraud among 400,000 policyholders who have received wind mitigation credits.

The credits have cut premiums by $700 million for Citizens’ policyholders.

Under state law, insurers have to give homeowners a discount if they install features such as storm shutters, impact-resistant windows and doors or reinforced garage doors to protect a home against violent weather.

The mitigation credit program, however, has been a growing source of angst in the insurance industry.

Advocates point to it as a worthy program to give discounts to property owners who shore up their homes against hurricanes. But detractors say the program is ripe for abuse and difficult to monitor. Insurers have also blamed the credits for lowering premiums enough to justify hefty rate increases.

Other insurers have been examining whether adjusters are properly inspecting homes and filing out the mitigation forms, according to the Florida Office of Insurance Regulation.

Tom Zutell, a spokesman for the state office, said companies should refer instances of alleged fraud to the state’s division of insurance fraud at the Department of Financial Services.

Citizens plans to physically inspect a cross-section of personal and commercial residential policies. The insurer intends to inspect about 500 homes at the cost of $150 per inspection.

After results are analyzed, it will determine whether the program should be expanded to include inspection of all policyholders who get mitigation credits.

“This is one of the most important initiatives that Citizens has ever undertaken,” Citizens senior vice president of underwriting Paul Palumbo said. “Citizens will benefit by ensuring that it has accurate information on the risk it covers. Policyholders will benefit because they will receive validated information on the storm worthiness of their home.”

The company may also opt to focus the program on a particular trend that emerges, spokesman John Kuczwanski said.

State-run Citizens, which covers those who cannot find property coverage on the open market, is by far the largest property insurer in Florida with a million homeowners policies.

Effective Jan. 1, Citizens plans to end a three-year rate freeze with a 10 percent increase for most policyholders, the first step in a multiyear effort to build reserves through higher rates.

Jeff Harrington can be reached at jharrington@sptimes.com or (727) 893-8242.

FAST FACTS

Wind mitigation discounts

Houses that have been built or improved to withstand windstorms could qualify for up to $1,000 in discounts on wind insurance premiums.

To qualify for discounts, wind mitigation inspections must be done by a state-licensed general or residential contractor, building code official or professional engineer or architect. Homeowners can verify such licenses through the state Department of Business and Professional Regulation. A $150 inspection takes about an hour.

Calculate what you might save at www.floridadisaster.org/mitdb.
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