Examination Under Oath: How To Prepare
An Examination Under Oath is a formal, structured interview conducted by the insurance company’s lawyer. You are sworn in, questioned, and recorded. The insurer uses this information to:
- Verify the details of your claim
- Confirm your credibility
- Identify inconsistencies
- Decide whether the claim will be paid or denied
Think of it as a deeper investigation step. It is not court, but everything you say matters.
Why Do Insurance Companies Require an Examination Under Oath?
Insurers typically request an EUO when:
- Documents or statements conflict
- The loss is high-value
- There are missing details
- Fraud must be ruled out
- They need clarity before payout
The EUO is a standard investigative tool: not a sign that you are accused of wrongdoing. It simply means the insurer wants more certainty.
Do You Have to Attend an Examination Under Oath?
Yes. Almost every insurance policy includes a cooperation clause. This means you must participate in reasonable investigative steps, including an EUO.
Failing to attend, delaying without good reason, or refusing to answer can lead to:
- Claim denial
- Policy cancellation
- Legal disputes
What Happens During an Examination Under Oath?
Most EUOs follow the same structure:
- You take an oath to tell the truth.
- The insurer’s lawyer questions you about every detail related to the claim.
- A court reporter records everything word for word.
- Your lawyer can be present, but they cannot answer for you.
- The insurer reviews the transcript before making a final decision.
How to Prepare for an Examination Under Oath?
Preparation is critical. Your claim depends on your clarity, consistency, and accuracy.
1. Review Your Policy
Know what is covered, what isn’t, and what the insurer may question.
2. Gather All Documentation
Bring anything that supports your claim, such as:
- Receipts
- Photos or videos
- Repair estimates
- Police or incident reports
- Communications with the insurer
- Previous statements
3. Re-read Your Own Statements
Many people contradict themselves accidentally. Make sure your answers match what you already submitted.
4. Practice Clear, Short Answers
EUOs are not places for storytelling. Answer factually and stop. Do not guess or assume.
5. Consult a Lawyer
A lawyer helps you understand the process, protect your rights, and avoid avoidable mistakes.
Common Types of Questions Asked During an Examination Under Oath?
While every case is different, insurers usually ask about:
1. The Event Itself
- What happened?
- When and where?
- Who was present?
- What did you do afterward?
2. The Damages
- What items were damaged?
- What were their values?
- Do you have proof of ownership?
3. Financial Background
Insurers may ask about your job, income, debts, and financial pressures.
4. Previous Claims
They may ask how many claims you filed in the past and for what reasons.
5. Recent Property Changes
Renovations, repairs, or security issues may be discussed.
Can Your Lawyer Attend the Examination Under Oath?
Yes, and it is strongly advised.
Your lawyer can:
- Prepare you for questioning
- Stop inappropriate or irrelevant questions
- Ensure the insurer follows legal boundaries
- Help you stay calm and focused
They cannot answer for you, but they protect you throughout the process.
Can You Refuse an Examination Under Oath?
You can refuse: but it almost always leads to the insurer denying your claim for lack of cooperation. In most cases, refusal ends the claim entirely.
How Long Does an Examination Under Oath Take?
Most EUOs last between 1–3 hours, depending on the complexity of the claim, documents involved, and the lawyer’s questioning pace.
What Happens Next?
Once the EUO is complete:
- A transcript is prepared.
- The insurer reviews your answers and all documents.
- The claim is either approved, denied, or requires further investigation.
You will be notified once the evaluation is done.
Contact Pinto Shekib LLP, Your Toronto Examination Under Oath Lawyers
An Examination Under Oath is a serious but manageable part of insurance investigations. The key is preparation. Our Toronto Examination Under Oath Lawyers can assist you with the process – 416.901.9984 or info@pintoshekib.ca.
