Practice Questions, Answers & Rationales
This is an original study guide covering core topic areas relevant to California-based special investigator
and SIU (Special Investigative Unit) work, including insurance fraud fundamentals, legal foundations,
interviewing, surveillance, evidence handling, report writing, arson/property fraud, courtroom testimony,
and professional ethics.
,1. Legal Foundations & Jurisdiction
Q1. An investigator working for a California insurance company's SIU is primarily governed by which
combination of authorities?
A. The California Insurance Code and the California Penal Code ✓ (Correct Answer)
B. Federal RICO statutes only
C. The Uniform Commercial Code
D. OSHA regulations exclusively
Rationale: SIU work in California sits at the intersection of the Insurance Code (fraud reporting duties,
licensing) and the Penal Code (fraud, forgery, false statements). Federal and other bodies may apply
situationally but are not the primary framework.
Q2. Under California law, an insurer's Special Investigative Unit is generally required to refer
suspected fraud to which agency?
A. The California Department of Insurance Fraud Division ✓ (Correct Answer)
B. The IRS Criminal Investigation Division
C. The Federal Bureau of Investigation only
D. The county tax assessor
Rationale: California Insurance Code provisions require insurers to report suspected fraudulent claims to
the Department of Insurance's Fraud Division, which coordinates enforcement statewide.
Q3. A private investigator conducting fieldwork for an SIU without a current California PI license
issued by BSIS is:
A. Acting lawfully as long as they are an insurance company employee
B. In violation of the Business and Professions Code unless an exemption applies ✓ (Correct
Answer)
C. Exempt because insurance fraud is a civil matter
D. Permitted if supervised by any attorney
Rationale: California's Business and Professions Code requires licensure through the Bureau of Security
and Investigative Services for most investigative activity performed for compensation, with only narrow
statutory exemptions.
Q4. Which statement best describes an investigator's authority to detain a person suspected of fraud?
A. Investigators have full arrest powers identical to peace officers
B. Investigators generally have the same citizen's arrest authority as any private person, not
expanded police powers ✓ (Correct Answer)
C. Investigators may never contact law enforcement directly
D. Investigators can compel a suspect to submit to a polygraph
Rationale: Absent sworn peace officer status, an investigator's authority to detain rests on ordinary citizen's
arrest law (Penal Code 837), not on any special investigative-agent power.
Q5. A subpoena duces tecum served in a civil SIU investigation compels:
A. Immediate arrest of the recipient
B. Production of specified documents or records ✓ (Correct Answer)
, C. A criminal indictment
D. Termination of the insurance policy
Rationale: A subpoena duces tecum is a legal instrument compelling production of documents or tangible
evidence; it carries no arrest or criminal consequence by itself.
Q6. Which of the following is most accurate regarding recording telephone conversations during an
investigation in California?
A. California is a one-party consent state, so only the investigator's consent is needed
B. California is generally a two-party (all-party) consent state, requiring consent from all parties
to the call ✓ (Correct Answer)
C. Recording is always illegal regardless of consent
D. Consent rules only apply to in-person conversations, not calls
Rationale: California Penal Code Section 632 makes it generally unlawful to record a confidential
communication without the consent of all parties, distinguishing it from one-party consent states.
Q7. The 'work product doctrine' is most relevant to an investigator because it:
A. Guarantees the investigator overtime pay
B. Can protect certain investigative materials prepared in anticipation of litigation from
discovery ✓ (Correct Answer)
C. Requires all field notes to be destroyed after 30 days
D. Only applies to law enforcement, never private investigators
Rationale: Materials an investigator prepares in anticipation of litigation, especially at the direction of
counsel, may receive qualified protection from discovery under the work product doctrine.
Q8. An investigator who knowingly submits a falsified report to support denial of a legitimate claim
may be exposed to liability for:
A. Bad faith and potentially fraud or falsification of records ✓ (Correct Answer)
B. Nothing, since insurers cannot be sued for investigative conduct
C. Only an internal reprimand, never legal consequence
D. Copyright infringement
Rationale: Fabricating findings can expose both the investigator and the insurer to bad-faith claims,
regulatory discipline, and potential criminal charges for falsifying records.
Q9. Which agency oversees the licensing and discipline of private investigators in California?
A. The Bureau of Security and Investigative Services (BSIS) ✓ (Correct Answer)
B. The Department of Motor Vehicles
C. The State Bar of California
D. The Employment Development Department
Rationale: BSIS, under the Department of Consumer Affairs, licenses and regulates private investigators
and enforces the Private Investigator Act.
Q10. A claimant's statement made to an investigator during a recorded examination under oath
(EUO) is best described as:
A. Non-binding small talk with no legal weight