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Broker Affirmations and Chain of Custody of Digital Evidence

As the use of dash cameras, surveillance systems, and mobile devices has become commonplace, insurance carriers increasingly rely on digital photographs and videos when investigating and defending claims. To establish the admissibility of this evidence in litigation, some carriers ask insurance brokers to execute sworn affirmations describing how accident media was received and transmitted. While brokers support the preservation of evidence and routinely assist insureds by forwarding claim-related materials, many of the affirmation forms currently in use present significant legal and professional concerns. Insurance brokers are not investigators, evidence custodians, forensic specialists, or witnesses to the accident. Their role is generally limited to receiving information from clients and forwarding it to the appropriate carrier as part of the normal claims reporting process.