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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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