Can home insurance providers use a lie detector test in their investigation of my claim?

UPDATED: Oct 1, 2022

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Can home insurance providers use a lie detector test in their investigation of my claim?

My insurance provider has been investigating
my home claim for months. Nothing has been
paid out and the restoration company is trying
to collect and my home is uninhabitable until I
can pay the contractor. I have complied with all
questioning and inspections. Now they want to
put me on a lie detector test. Is this legal?

Asked on July 16, 2018 under Insurance Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is legal if you consent or agree to it. If you don't consent, you can refuse the lie detector; they in turn will likely refuse to honor your claim. You can then sue them for "breach of contract" (insurance polices are contracts) for not paying when the terms of policy say they should. To win the lawsuit, you'd have to show in court that the provable facts, as applied to the terms of your policy, require payment of the claim; they can try to defend by showing that there is some fact or facts (such as evidence of fraud on your part) which means that they don't have to pay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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