Despite a statute allowing insureds the right to record Examination Under Oath proceedings in their entirety, Nationwide took the position that insureds could only video themselves, not the examiners. The Court of Appeals rightfully held that “in their entirety” included all persons present. Myasnyankin v. Nationwide Mutual Ins. Co., 99 Cal. App. 5th 283 (2024). 

I disagree that this has changed the rules or opened “Pandora's box” — but hopefully, it means that more insureds take advantage of this right.  

Myasnyankin has changed the rules of the road for EUOs and potentially opened Pandora's box for future disputes.

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