What is an Examination Under Oath? What are my rights as an insured?

1. Almost every insurance policy requires an insured to appear for an Examination Under Oath (“EUO”) as one of the duties after loss. The following is an example of the language typically found in a homeowner’s insurance policy regarding Examinations Under Oath.

1. 1.  You or any insured under this policy must:

1. Submit to examinations under oath and recorded statements, while not in the presence of any other insured; and
2. Sign the same;

1. An EUO is an opportunity for the insurance company to ask you questions, under oath, about the circumstances of the loss, repairs made, and other relevant questions.  A typical EUO will last between 1 and 3 hours.
2. The answers you provide during the EUO will be used by the insurance company to determine whether your insurance claim is covered under your insurance policy and whether you will receive compensation for your loss.
3. The EUO will likely be conducted by an attorney hired by your insurance company.
4. A court reporter will be present at the EUO in order to record the EUO and prepare a transcript, if requested.
5. In addition to appearing for the EUO, your insurance company may request that you bring documents to the EUO.  You are required to bring documents (i.e. bank statements, photographs, repair records, etc.) relevant to your insurance claim.

7. Your failure to comply with your insurance company’s request for an EUO may provide it with grounds to deny your insurance claim.

8. You have the right to be represented by counsel during the EUO.

9. You have the right to have the EUO scheduled at a date, place and time that is convenient for you.

If your insurance company requests an EUO, then it is my recommendation that you immediately contact an insurance claims attorney with experience to represent you during the EUO.  Your insurance claims attorney will be able to review your insurance policy, ensure that you comply with all your duties after loss, assist in compiling the documents to be produced, represent you during the EUO, and protect your rights as an insured.