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
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
The typical post-loss duties set forth in a property insurance policy include requiring the policyholder to submit to an examination under oath (“EUO”) if requested by the insurance company.… Continue Reading
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
Most property and business policies contain a provision requiring the insured to submit to an examination under oath (known as an “EUO”) by the insurance company in connection with an insurance claim. It is similar to a deposition, with the policyholder providing sworn testimony under penalty of perjury. However, it is under a contractual policy … Continue Reading
I suppose a lot of professions are cyclical. In my 25 years if practice I have sometimes found that I will go years without getting certain types of cases and then I will get two or three all at once. Lately, I have been asked to look at cases where the carrier is claiming that … Continue Reading
Often after a property loss, the insurance company may request a recorded statement of a policyholder in the days following the loss. This differs from a request for an Examination Under Oath, but policyholders must be familiar with both.… Continue Reading
Over a course of the last few years I’ve written about California Insurance Code 2071.1 and an insured’s rights, which includes the right to review their claim file before an examination under oath (EUO) is conducted. As the year draws to a close and the number of EUOs I witness only go up, I think … Continue Reading
There have been many posts on this blog regarding Examination Under Oath (EUO). Previous posts have dealt with who may sit for an EUO, how to handle an EUO, and what happens after an EUO. I would implore you to read through those posts by Chip Merlin, Rob Trautmann, Jeffrey Greyber, Shaun Marker, and others. … Continue Reading
If the allegations of the complaint prove true, Hanover Insurance Company has lost sight of the golden rule in how to treat its own customer in a Sandy claim. How else could an insurance carrier explain that its lawyer called their policyholder/customer an idiot during an examination under oath in a Hurricane Sandy claim?… Continue Reading
In practically every homeowner insurance policy, the insurance company requires the insured to perform certain duties after a loss. Among the duties is to provide the insurance company, when requested, documents including banking or financial records. Often this type of documentation is requested in conjunction with an examination under oath, but can also be requested … Continue Reading
The examination under oath (EUO) is a topic often covered in this blog. When an EUO is requested by the insurance company, the policyholder who submitted the claim essentially has no choice but to acquiesce. A failure to do so would be deemed as a failure to cooperate or comply with a condition of the … Continue Reading
Have you ever heard insurance company representatives talk about how the policyholder "failed to give a meaningful examination under oath?" They may raise this issue if an insured defers some of the answers to the EUO questions to other people. So what happens if an insured appears for EUO but defers some of the answers … Continue Reading
On Wednesday, I found myself in Orlando participating in an examination under oath (“EUO”). During discussions with the insurer’s legal counsel, the issue came up as to whether an EUO has any evidentiary value in a trial. It has always been my understanding that EUO testimony may be admissible at trial, but carrier’s counsel was of the … Continue Reading
Many moons ago (on October 26, 2012, to be precise), I blogged about compliance with examination conditions. That blog noted conflicting views as to what is required of a policyholder under the policy’s condition for examination under oath (in the property insurance context) or compulsory medical examination (in the health, disability, or long-term care insurance … Continue Reading
California has had a civil code since January 1, 2002 regarding Examinations Under Oath. The Civil Code Section is California Insurance Code Section 2071.1 entitled, Examination of insured; rights of insured; study; survey; report.… Continue Reading
A comment to my earlier post, The Importance of Examinations Under Oath, asked me to differentiate between a deposition and an examination under oath. A deposition is a discovery tool used during litigation to take the sworn testimony of a witness. In Colorado, depositions are governed by Colorado Rule of Civil Procedure 30 that states … Continue Reading
When an insurance company requests an Examination Under Oath of multiple parties in the same claim such as a husband and a wife, it has been my practice to have spouses attend each other’s Examination Under Oath absent a policy provision in the insurance contract that prevents this practice. I find that this relaxes the policyholder … Continue Reading
I had the pleasure of discussing Examinations Under Oath with a group of public adjusters at Merlin Law Group’s Los Angeles Fall Seminar on November 14, 2013.… Continue Reading
A policyholder who is asked to submit to an examination under oath (EUO) usually does not know exactly what an examination under oath entails. The lack of rules that govern examinations under oath, coupled with an insured’s unfamiliarity with the process, allows insurance lawyers to turn an information gathering session into a heated interrogation. This … Continue Reading
While working on a case for recovery after hail pummeled a homeowner’s roof, I found a recent case that discussed Texas law regarding Examinations Under Oath (EUO). In this case, the insurer demanded that the EUO be videotaped. When the insured refused to submit to a videotaped EUO, the issue of failing to comply with … Continue Reading
I recently encountered something rather bizarre – an insurance company trying to conduct Examinations Under Oath (“EUO”) despite there being no pending claim. The carrier denied the claim several months ago. A few months after the first claim denial, and after supposedly entertaining more information from the insured, the insurer ratified the denial. A few … Continue Reading
