Examination Under Oath

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

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 requirement not the litigation process.

Continue Reading Examinations Under Oath – What You Need to Know

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 the policyholder breached post-loss duties under the policy (other than prompt notice). The argument is that the policyholder has failed to cooperate with the carrier’s investigation of the claim.1 Mainly the policyholders are accused of not submitting to an examination under oath (EUO).

Continue Reading High Ho High Ho Do I Have To Do An EUO?

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 the topic of EUOs should be revisited. Protecting the insured has become more difficult. Usually, examinations under oath only occur after the insurer has sent the insured’s claim to a special investigation unit and from that point on, the reality for the insured is that the investigation conducted is to find inconsistencies in the insured’s recount of the loss to deny the claim. Although there are many reputable attorneys on behalf of the insurer conducting the requested examinations under oath reasonably and respectfully, there are also a handful out there with the distinct reputation among the insurance community well known for going out of the way to put the insured through a series of events that mimic a criminal inquiry that is both stressful and unnecessary.

Continue Reading California Examinations Under Oath: Protecting the Insured through a Reasonable Examination Under Oath

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. One issue touched upon but not thoroughly explained was that an EUO is not a deposition.

Continue Reading Examination Under Oath is Not a Deposition

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 Hanover Insurance Company Loses Sight of the Golden Rule in Sandy Claim – Its Lawyer Allegedly Calls Policyholder an Idiot

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 during the initial claim investigation. Many policyholders are uncomfortable furnishing personal financial records in fear that such information will not be safeguarded and will be used improperly. Well, can an insured require an insurer to execute a confidentiality agreement that imposes limitations on the insurer’s use of the insured’s personal information? This issue was addressed by a court of appeals in Oregon last month and the answer was no.

Continue Reading Can an Insured Impose Limitations on the Insurer’s Use of Personal Information During a Claim Investigation?