The average policyholder is usually not aware of some critical clauses in their insurance policy. If you file a property damage claim and the insurer invokes one of these clauses in your policy, you need to ensure you are in the best position to secure a settlement that benefits you.

One of these clauses is Examinations Under Oath or “EUO”. While many may be somewhat familiar with this term, people usually do not know that EUOs are routinely requested in first party insurance damage claims. This article will discuss EUO’s outlining what they are, how they work, and what you should expect if your insurance company asks you to participate in a Examination Under Oath.

What is Examination Under Oath (EUO)?

Examination under oath can be invoked in first-party  property damage claims. The insurance company may ask the policyholder to participate in a EUO to settle a disputed insurance claim. The EUO is essentially a contractual  deposition of the named insured property owner. The EUO is essentially a formal procedure that an insurance company can invoke to investigate and gather more information   about your claim by requiring the insured to testify under oath about the property damage claim. This means you legally swear that all the information, records and documents relating to the claim and the damages incurred, are truthful and correct to the best of your knowledge.  Routinely, these EUO’s are conducted  by attorney’s who work for the insurance company.

The EUO process can last several hours and involves answering questions that the insurance company’s attorney feels are relevant to the disputed claim. However, the insured is not the only person the insurance company can examine under oath. In rare instnaces the insurance company may ask  a third party involed in the claim to participate in a EUO as well. Sometimes, if the insured property is your investment property, the Insurance company will also request the EUO of your tenant.

There are legal consequences to refusing to participate in an EUO.

How Do EUOs Work?

Here are some general guidelines for what to expect you when your insurer requests a EUO.

  • The insurer will formally request a EUO in writing, including a specified date, time, and place. This date, time and place should be, but is not always, coordinated with the named insured.
  • The named insured has the option of requesting a more convenient time, place, and date.
  • The EUO notice letter will have a speicifc request for various documents. Expect the request for documents to include  photos, videos, and receipts of expenses pertaining to the relevant damage or loss.
  • The insurance company’s attorney will ask you questions in the prescence of a court reporter. Everything that is asked and answered is made part of the record and is recorded into a transcriopt by the court reporter and reviewed by the insurance company.
  • The insurer may request the named insured to provide the contact information of witnesses.

Consumer Law Office – Handling Property Insurance Disputes From Start to Settlement

If your insurance company demands an EUO, you should contact an experienced attorney to guide you through the process and to be by your side at the EUO. Our highly skilled and aggressive Property Damage Attorenys  at Consumer Law Office can explain the process and prepare you for the questions and and requirements of a Examination Under Oath.  An EUO is not an open-ended “fishing” opportunity by the insurance company. We will also make sure that insurance company doesn’t overstep the EUO process and will even stop the EUO if  they do.

Once the EUO has been completed, the attorney for the insurance company will review the information provided to them and will give their decision to the Insurance company. The Insurance company will either agree to pay the claim, negotiate or deny the claim.

In addition to the Consumer Law Office assisting with your EUO, the Property Damage Attorneys at Consumer Law Office will  also take the time to review your insurance claim and interpret your policy to understand the extent to which you should receive compensation for your damages or loss.

Consumer law Office is a client-centric law firm that is committed to delivering excellent customer service. We are with your from the start of the claim and can even file your property damage claim for you.  The experienced and dedicated Property Damage Attorneys of the Consumer Law Offices P.A. have helped 1000’s homeowners and businesses resolve coverage disputes through strategic negotiation, mediation, litigation & conclusion at trial where necessary. Your insurance company has the resources to hire experts to protect their interests; your representation should be no different. At The Consumer Law Office, we got your back!  For more information, visit https://consumerlawoffice.com/ or Contact us by phone at: 305-940-0924