Examination Under Oath

In litigation, this type of question can come up more than one might imagine. For example, in response to a Complaint, an insurance carrier may allege that an insured failed to attend an Examination Under Oath (“EUO”) or submit a sworn proof of loss, only to later discover that no such request had ever been made. Florida’s Third District Court of Appeal addressed this very issue in First Home Insurance Company v. Fleurimond.1
Continue Reading When is an Insured Required to Attend an EUO or Submit a Sworn Proof of Loss?

In Avatar Property & Casualty Insurance Company v. Castillo,1 the insurance company insisted that the insureds were required to produce examinations under oath (EUOs) for a handyman and water restoration employees, who were hired to perform repairs on their home.
Continue Reading Examinations Under Oath – Can Insurance Companies Require Restoration Contractors to Appear for an EUO?

In an insurance carrier’s effort to investigate an insurance claim, it may request that the insured sit for an examination under oath (“EUO”). In an EUO, the insurer’s representative has an opportunity to ask the insured questions about the claim while the insured swears to answer the questions truthfully. Participating in a requested EUO is mandatory under most insurance policies, and an insured’s failure to appear or to answer the questions at the EUO may forfeit the claim. With the potentially catastrophic consequences for refusing to answer a question, many insureds wonder if they must answer questions about their personal finances during an EUO.
Continue Reading Can an Insurance Company Ask About Personal Financial Information During an Examination Under Oath?

In a recent case, a federal appeals court held that named insureds’ son and daughter-in-law were required to submit to an examination under oath (“EUO”) because they resided in the insureds’ house, and that their failure to do so precluded recovery on the insurance claim.1
Continue Reading Are My Children and Their Spouses Required to Submit to an Examination Under Oath for My Property Damage Claim?

New Jersey Merlin Law Group attorney Jason Cieri was married last week. It was a fantastic wedding. It also provided me a chance to catch-up with some Jersey Shore public adjusters, discuss the upcoming PPAANJ seminar on November 14 and write this blog which includes a case discussion involving post loss misrepresentations made prior to an examination under oath.
Continue Reading Misrepresentations Made After Loss But Before An Examination Under Oath

Recently, it seems like I have been privy to a relatively high number of insureds asked by their carrier, following a loss, to submit to an examination under oath (commonly referred to as an EUO). The most common question I received was, “Can I just choose not to answer or attend?” Although the choice is ultimately the insureds and the ramifications of refusal vary by justification, when dealing with Arizona insureds, I generally advise against such blanket refusals.
Continue Reading Refusing to Answer Questions at an EUO is Usually Not A Good Idea

My article published in Adjusting Today,1 Property Insurance 101: Everything You Always Wanted to Know About Examinations Under Oath – But Were Afraid to Ask!, was the subject of my blog post last month. As discussed in the article, an examination under oath (“EUO”) is not just another deposition. An insured’s counsel must be well-versed on the nature and the extent of the contractual duty to submit to an EUO and the consequence of non-compliance.
Continue Reading Examinations Under Oath: Be Careful What You Ask For

A New York policyholder submits to multiple examinations under oath during the investigation of a fire claim before retaining counsel. The question then becomes whether his examination under oath (EUO) testimony is admissible at trial and under what circumstances. A brief survey of my research is summarized below.
Continue Reading Nothing But the Truth: EUO Testimony Is Admissible at Trial in New York