Cooperation does not equal “slavish obedience.” Property claims adjustments overseen by insurance company counsel come in various tones and methods. Some are professional and truly in good faith regardless of the decision. On the other hand, some insurance companies have failed to tell their dogs-on-a-leash counsel to treat their client’s customers the same way the insurance company did before the loss when the customer was not seen as the enemy.
I was asked a question last week about whether a hotel owner had to answer questions and provide financial documents about the hotel’s finances after the hotel suffered a loss. I have covered the topic recently in What is The Upside To Refusing To Appear At an Examination Under Oath?
Continue Reading Not Answering Questions At Examination Under Oath Results In No Recovery
The title of this post is what I thought while reading a motion for summary judgment filed last week in a pending Arizona case in which our firm has no involvement.1 Unless the policyholder may have criminal implications arise as a result of providing testimony, I would suggest there is no upside to refusing to go to a pre-suit demand for an examination under oath.
Continue Reading What is The Upside To Refusing To Appear At an Examination Under Oath?
Examinations under oath are important to recovery. Reasonable production of relevant documents that are part of a cooperative investigation is important as well. Failure to provide an examination under oath and documents is a one-way street to help an insurer deny recovery.
Continue Reading Failure to Provide an Examination Under Oath and Documents Can Result in Lost Benefits
While researching the issue of late notice of a property loss in Mississippi, I came across a case involving a failure to appear at an examination under oath.1 The language of the Order speaks for itself:
Continue Reading Mississippi Requires Prejudice For a Policyholder To Lose Coverage For Failure to Appear at An Examination Under Oath
Policyholders being asked to take an examination under oath should hire experienced property insurance lawyers. This is especially true when an insurance company is suggesting that a fire is suspicious or intentionally set. Merlin Law Group has collected numerous typical questions asked by insurance company attorneys. Policyholders should know what questions are going to be asked in advance before going to the examination under oath.
Continue Reading What Are Typical Examination Under Oath Questions Asked About a Fire Loss?
An insurance company may have the right to examine its insured under oath in connection with its investigation and evaluation of an insurance claim. Most insurance policies impose an obligation on the insured to cooperate with the post-loss investigation. An insured’s failure or refusal to comply with an obligation to cooperate by submitting to an
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?