Examinations Under Oath

Insurance adjusters will send you an official letter requesting that you appear for an examination under oath (EUO) and answer questions relating to your insurance claim. Read on to find out what's required by your policy to initiate the claim process and how to file a properly filed claim. The very last thing from your mind is an exam under oath.

Examining under oath is a formal process used by insurance companies to gather more information about a claim. During a EUO, you will be sworn under oath and spend several hours answering questions. Insurance companies are entitled to schedule as many EUOs as they need to complete their investigation. Most insurance contracts give the insurance organization the right to request a EUO at any point before the claim is finalized.

If you refuse to go to the EUO, the insurer has a valid reason to deny your claim. Sometimes an insurance company requests a EUO when it is not their right. Be sure you speak to your lawyer about your home insurance policy. Some of the defenses that may be claimed for not attending may include problems with how notice was given, the appointment timing, and not being allowed to have an attorney present. If you work for an insured company, you and other employees with specialized knowledge of the business may be called in separately for a EUO. If there is not a court reporter present, you could be sworn in by the notary.

HOW AN EXAMINATION UNDER OATH WORKS

You will be placed under oath when you appear at the appointed time and place. Insurance companies always seek ways to delay, deny, and not pay your claim. No matter how nice the questioner may act, you need to understand that insurance companies are trying to avoid payment. One way is to blame your current damage for a pre-existing condition or accident. Another way is to say it isn't covered. These questions will involve the specific facts of your insurance claim. The items will likely include the history of property damage.

The questions are likely to involve:

• Places where you lived
• People with whom you live
• Your occupation;
• History of your claim
• Other accidents and claims
• Confirming all the information you provided when you purchased the insurance policy

What documents can I be forced to produce on the examination under oath?

Typically, the insured is asked to produce a long list of documents on the laundry:

• Tax Return
• Checking and saving accounts
• Documentation of the loan
• Statements of credit card
• Bills of Utility
• Cell Phone Record
• Business income and expenditure records
• Deeds and mortgages
• Insurance policy language controls what documents need to be produced, but this language is usually quite broad and is worded in favor of the insurance company since it was written.

What are they going to ask me about my examination under oath?
More questions than you can believe. Generally, the lawyer of the insurance company will inquire about:

• Background
• History of the family
• History of Education
• History of employment
• Service of the Army
• History of the claim (other insurance claims)
• History of financial affairs
• Criminal arrest or conviction
• Credit history, including any bankruptcy filings
• Other properties owned or insured
• The circumstances surrounding the policy issue
• Selection of policy limitations
• Purchase of property in the event of a fire
• Reparations of the property where the fire occurred
• Events around the fire
• Alibi at the time of the fire
• Building repair costs
• Damage to personal property

Most EUOs take a few hours; some take a few days.

The EUO may be a trap for the unwary, and the insured should be careful when submitting to the EUO. If uncertain or uncertain, the insured should consult a knowledgeable insurance attorney before giving the carrier a sworn testimony. Even if your insurance company is trying to tell you that this is just a formality you need to go through, you don't want to face it without proper representation. Having a lawyer on your side during the EUO is your right and can help protect you from potential insurance claims issues.