We have served thousands of policyholders under oath at examinations.
Few lawyers are aware of what an Investigation Under Oath (EUO) is, and even fewer have ever served a EUO policyholder. Thousands of policyholders have been performed at such tests by the lawyers used at Dick Law Firm.
If you are reading this, you have probably got a letter from your insurance firm or its counsel asking you to appear under oath for an investigation. Here are some popular questions.
What is an exam under oath?
An oath test, or EUO, is a signed declaration made by an insured person in response to questions posed by an attorney employed by an insurance provider.
A EUO is issued in front of a court reporter, who transcribes the questions and answers. The insured person is usually asked to review the transcript and sign it. The insurance provider then relies on the details found in the EUO to base its claim judgment.
Who is required to give an exam under oath?
The terminology used in the insurance agreement determines who must appear for a EUO. The policy typically allows the named insurance companies to appear, although sometimes any insured individual must appear. These bodies must nominate a representative to appear and provide testimony on whether the insured is a company or a partnership. Employees must attend EUOs occasionally.
Do I need an attorney to represent me at the oath examination?
You are not expected to be represented at a EUO by an attorney. Currently, if you turn up without a representative, the insurance firm would be delighted. Then, to completely leverage its already significant advantage, it will take advantage of your weak position. We strongly advise consumers to have a lawyer help them with a EUO.
What documents will I be required to show at an investigation under oath?
Usually, an insured person is asked to create a long list of documents for laundry:
- Tax statements
- Accounts for verification and savings
- Documentation for a loan
- Statements by Credit Card
- Bills for Services
- Records for mobile phones
- Records of corporate profits and expenses
- Mortgage and Deeds
The language of the insurance policy controls what documents need to be created. Still, this language is generally inclusive and has been worded for the insurance company's benefit since it was published.
What is the law for an examination under oath?
That is a difficult problem since no judge is present to decide who is right and who is wrong, whether the insurance company's question is valid, or whether the insurance company's lawyer's action is acceptable. Only an experienced insurance coverage attorney recognizes what is customary to ask and what is not, and how to answer wrong questions.
Suppose an insured person refuses to answer a question put to the EUO or terminates the EUO because the insured person thinks the questions are unreasonable or excessively personal. In that case, the insurance provider is likely to reject the insured person's claim for failure to comply entirely.
For these reasons, we encourage consumers to get a highly skilled insurance attorney.
What are they going to ask me under oath at my examination?
More questions than you're able to believe. Generally, the attorney of the insurance firm will ask about:
- Context
- Past of a Family
- History of Education
- The History of Work
- Army Service Service
- History of Arguments (other insurance claims)
- The History of Finance
- Crime arrests or penalties
- Credit history, including any filing for bankruptcy
- Other leased or insured lands
- The criteria concerning the issuance of the policy
- Choosing policy limits
- the purchase of land where the fire occurred
- Reparations to the property where the fire took place
- Events that accompany a fire
- Alibi for the Fire Duration
- Cost of reconstruction of buildings
- Damages to Personal Property
It takes several hours for most EUOs; some take several days. We've had EUOs take as little as 3 minutes.
What about the documented declaration I've already made?
Although they can address similar subjects, a reported statement is not a substitute for an investigation under oath. Usually, a EUO would be longer and more detailed than a previously reported declaration.
An insured person is typically entitled to a copy of their recorded statement before being questioned in the EUO.
What if I refuse to appear or answer questions under oath during my examination?
If you fail to appear for your EUO or refuse to answer reasonable questions, your insurance provider will either place your claim on hold before you fully comply or deny your request. Your only option will be to bring a lawsuit that will further postpone your claim and potentially cause you to incur legal fees and costs.
Will a request for an examination under oath mean that the insurance company will reject my application?
Not necessarily, but it does mean that the company is seriously exploring that option. If there are significant liability concerns, an insurance provider should not seek a EUO. You should be prepared for your EUO by an experienced coverage solicitor so that you can increase your odds of having the claim paid without being pressured to file a complaint, thereby saving substantial time and money.
Remember that you are not an expert.
Please note you are not a home insurance claims expert. Don't make a decision on whether the insurance covers the damage you've suffered or not. Let your experts decide what's covered. Consumers are also wise to let their hired experts determine what items are covered by their insurance.
Get an advocate.
Experienced home insurance attorneys charge money on disputed parts of the lawsuit. Insurance companies spread myths, generating uncertainty in consumers not hiring a lawyer because they're too expensive. A home insurance attorney will help you get more. Almost all statistics suggest insurance companies pay more when consumers hired an accomplished insurance attorney.
Avoid the most corrupt insurance companies.
Consumers are thoughtful to avoid buying insurance from companies wasting their premiums on lobbying state officials and slicking tv advertising rather than paying genuine insurance claims. Insurance companies like State Farm have a terrible reputation for tricking customers. My law firm has discovered that the best way to protect our clients from being victimized by greedy insurance companies is not to buy their insurance.
