What is an EUO?
An examination under oath, commonly referred to as an “EUO,” is a formal proceeding conducted by insurance companies to obtain relevant information about an insurance claim. First, the insured is placed under oath, meaning they legally swear the answers provided are truthful, under penalty of perjury. Next, after the insured is placed under oath, the insurance company’s attorney asks questions related to the claim and anything else they deem relevant, even if they seem off-topic. Finally, a court reporter records all questions and answers.
What is the Purpose of an EUO?
An EUO is meant to reveal additional facts or information the insurance company needs to finalize a claim determination. It also creates an additional obligation for the insured to cooperate with the insurance company before said determination can be made for their claim.
Should I Appear at an EUO?
Insurance policies contain an EUO clause, which courts heavily enforce. Insurance companies have a legal right to request an EUO. Likewise, insureds have a contractual obligation to attend. Although it is not illegal to miss an EUO, the insured risks having their claim denied for breach of contract (i.e., the insurance policy). In essence, an Insured risks forfeiting their ability to recover insurance benefits based on the insurance policy when they themselves breach the portion of the insurance policy which requires they attend an EUO, when requested.
Insureds are entitled to hire an attorney to help them prepare for the EUO, and to have their attorney attend the EUO on their behalf; however, the attorney for the insured is not allowed to speak or participate during the EUO. Hiring someone with experience is crucial, as inconsistent answers or failure to cooperate could lead to the denial of the claim.
Contact the Gelber Law Group for more information
Living with property damage can be stressful, and the insurance claim process can be lengthy. If you encounter property damage or need representation with an EUO, contact the Gelber Law Group, PA to assist you with a free consultation at 954-320-0100.
