As every insurance professional and subrogation attorney knows, different subrogation laws between states can complicate claims. Even processes so straightforward as signing an affidavit might not be the same in every state. Case in point – New York, which adds another layer to sworn statements; the Affidavit of Conformity. This article is a companion piece to the following video.
First, let’s review the standard affidavit format and process. An affidavit is a written sworn statement that is given in lieu of a verbal sworn statement under oath. It is a way to submit a motion and receive a judgment without having a trial with in-person testimony. Affidavits are particularly useful in cases where it is difficult/impossible to appear in person, or when the defendant in your case always seems not to appear.
The basic format of an affidavit includes:
- Name
- Qualification to give testimony
- Basis for testimony
- Testimony
- Signature (signed in presence of a notary public)
An affidavit is then notarized and signed by a notary public who is certified in the jurisdiction in which the affidavit is being signed. They serve as an independent witness that verifies:
- The person signing the affidavit is who they say they are
- They did, in fact, sign the affidavit
- They attest to the statement made in the affidavit
The notarized affidavit is then able to be accepted by the courts as sworn testimony. In all states except New York, courts accept affidavits signed in other jurisdictions under the assumption they were done according to the laws of said state.
New York Subrogation Laws: Affidavits for Affidavits
New York takes verification of affidavit testimony a step further – after all, how are New York courts to know whether an affidavit signed in Texas was done above board and according to law? In New York, every affidavit signed outside the state must be accompanied by an Affidavit of Conformity, which is basically an affidavit stating that the affidavit submitted is legitimate.
In a subrogation claim, the affidavit process would still begin the same way: a subrogation claims adjuster may cite their experience with the company, what claim was paid out, why a motion for summary judgment is appropriate, etc. However, the process and signature in front of the notary public must be overseen by an attorney licensed in that jurisdiction. They then submit, along with the testimony affidavit, an additional affidavit that includes:
- The attorney’s name
- Verification they are licensed in the state in which the affidavit is being signed
- Statement that they reviewed the process
- Confirmation the affidavit was done in accordance with the laws of the relevant jurisdiction
The Affidavit of Conformity was put in place for New York courts to ensure that all affidavits they receive can be counted upon as sworn testimony without requiring them to know anything about the laws of other states.
Dealing with Affidavits of Conformity in Subrogation Cases
If you are a claims adjuster living outside of New York, this extra affidavit step can be inconvenient. However, Rathbone Group has developed a way to virtualize notarizations with an attorney present: our E-notary program.
RG’s E-Notary program includes all the steps of a typical affidavit process, just completed remotely. You simply schedule a remote online notary meeting and send us the documents you need notarized. We then upload them to our secure system and send you a link to the notary session.
Once in the meeting, which is completed on a secure platform, you go through ID verification, attest to the documents, and sign them virtually – that’s it! You then receive electronic copies of the notarized documents. It also streamlines the Affidavit of Conformity process, because all we need to do is add a subrogation attorney licensed in the relevant jurisdiction to the virtual meeting.
Maximize Efficiency & Subrogation Recovery with Rathbone Group
Rathbone Group’s E-Notary Program gives adjusters, lawyers, and other insurance professionals the option to notarize a single document or several at once from anywhere without compromising the affidavit process. While originally built as a solution to workplace and court closures during the pandemic, we kept it around because it is useful for complex subrogation claims and jurisdictional issues just like this.
For more information on our E-Notary Program, inquire at enotary@rathbonegroup.com. Other questions about our services or the subrogation process? Reach out at info@rathbonegroup.com. And for more free educational resources on insurance subrogation, visit our blog, YouTube channel, and subrogation podcast library.