I. What is an Examination Under Oath
After you report your property insurance claim, your insurance company will investigate the claim. Typically this is comprised of an inspection (discussed in a prior article).
After the inspection, an insurer might have additional questions regarding your claim. This is typical if the adjuster is unable to verify certain damages at the inspection, if the insured property has a history of claims or repairs to the same damages, or if damages claimed are high-value (i.e. $50,000+).
2. How does it work?
An EUO is a formal proceeding and the insured is under oath in the presence of a court reporter. The insurance company representative (generally an attorney or Special Investigations Unit agent) asks questions to the insured regarding the loss, how it occurred, and the resulting property damage. Note that the questions are not limited to your reported claim. The representative can ask questions about prior claims and repair history unrelated to the loss. Being prepared is critical.
3. What happens if I don’t show up?
Under most policies, an insurer is entitled to take the insured’s Examination Under Oath (EUO) under post-loss duties, so you must comply. Failure to comply can result in a full denial of your claim. Many states, including Florida, will treat this noncompliance strictly against insured and you may lose your entire claim.
4. Best Practices:
Because of the technical nature and depth of an EUO, you will be better positioned if you retain an attorney or public adjuster prior to the EUO. While they cannot directly assist you in answering the questions, their presence and preparation will help you avoid falling for common question traps. Remember, an insurance company will try to “pin” you on your testimony, which can result in certain legal consequences. A little preparation in providing favorable testimony could actually strengthen your claim.
For a better understanding of how your EUO testimony will affect your claim, please review our other articles on this topic on the main page.