Deposition vs. Examination Under Oath (EUO):

The obvious difference between a deposition and EUO is that a deposition is taken AFTER a lawsuit is filed (during litigation), and an EUO is taken BEFORE a lawsuit is filed (and generally before a claims decision is made by the insurer).  

But what else?

A Florida appellate court explained it best in Goldman v. State Farm Fire Gen. Ins. Co., 660 So. 2d 300, 305 (Fla. 4th DCA 1995):

Depositions and examinations under oath serve vastly different purposes.  First, the obligation to sit for an examination under oath is contractual rather than arising out of the rules of civil procedure.  Second, an insured’s counsel plays a different role during examinations under oath than during depositions.  Third, examinations under oath are taken before litigation to augment the insurer’s investigation fo the claim while a deposition is not part of the claim investigation process.  Fourth, an insured has a duty to volunteer information related to the claim during an examination under oath in accordance with the policy while he would have no such obligation in a deposition.

In addition to these differences, there are other practical considerations.

Because EUO is an investigative tool from the insurer, it is used primarily to determine whether they will accept or deny your claim.  The questions are generally related to damages to your home from the property loss, repairs, and details of how the loss unfolded.  Your EUO testimony can also be used as admissible evidence at trial.  An EUO can be taken by an adjuster or attorney and they are generally not very long (~ 1- 2 hours).

A deposition, on the other hand, occurs during litigation (after a lawsuit is filed).  That’s why a deposition can only be taken by an attorney.  At this stage, a claim decision is generally made already.  So the insurer’s purpose is to extract any evidence they can to support their claim decision.  In other words, the scope of questions is MUCH BROADER than an EUO.  You can be asked anything from the purchase of your home, your repair history, other homes you may own, prior claims you may have filed against any home, your relationships with your tenants, etc.  In states like Florida, there is very broad discretion as to the questions allowed.  Depositions are also significantly longer than an EUO (3+ hours).  

All in all, it is highly recommended you stay prepared for either an EUO or deposition.  An attorney can guide you on the factual specifics of your case to avoid falling for pitfall question traps.

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.