James DeFranco '74
James E. DeFranco, received his Juris Doctor from Southern Illinois University, Magna Cum Laude in 1981. He served as a law clerk to Chief Justice Joseph H. Goldenhersh of the Illinois Supreme Court (1981 - 1983). He is an advocate of the American Board of Trial Advocates and a member of the Order of Barristers, Illinois Association of Trial Defense Counsel, the Missouri Organization of Defense Lawyers, The International Association of Arson Investigators, The St. Clair and Illinois Bar Associations, The Missouri Bar and The Bar Association of Metropolitan St. Louis. He has tried over sixty-five civil jury trials to verdict in civil arson, products liability, premise liability, medical malpractice, insurance coverage, engineering malpractice, retaliatory discharge, employment discrimination, and breach of contract cases.

Insurance adjusters, special investigators, and lawyers representing insurers and insureds encounter myriad legal and practical questions concerning the rights and obligations of the insured and insurer when participating in examinations under oath. Until now, no readily available source was available to answer the questions that arose. More importantly, no source was available to provide practical solutions when no definitive answer existed in the jurisdiction in which the examination was held. Examinations Under Oath collects the law from all fifty states and federal jurisdictions and develops a practical, functional approach to the questions that have arisen and are likely to arise.

Every aspect of the book was formatted for efficiency. The book was written so that readers with little insurance background could understand court decisions and the practical ramifications of those decisions. The extensive word index, prepared by the author, allows the reader to quickly find information in the book. The book has a complete table of cases and each citation in the book directs the reader to the page of the case on which the citation is based.


The Book provides full citation to each case, including the pages of the case on which information can be found to assist the practitioner researching issues covered by the book. So-called "short" citations forms are avoided so that the reader is not required to turn to previous pages or previous chapters to obtain the complete citation to the case.

This Publication is designed to provide accurate and authoritive 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 services. If legal advice or other professional assistance is required, the services of a competent professional person should be sought.

From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations.

Copyright© 2002 by James E. DeFranco.

All Rights Reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval systems, without permission in writing from the publisher. Request for permission to make copies of any of this publication should be mailed to:

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