What is an Examination Under Oath?
Has the Insurance company asked you for an Examination Under Oath?
Insurance companies often use the EUO process to investigate a claim, including exploring any suspected fraud or misrepresentation. The EUO is often the first step in denying your claim.
An EUO takes place in a formal setting with the attendance of a court reporter. You are placed under oath, and the entire process is recorded and transcribed.
The goal is for the insurance representative or their lawyer to ask you questions regarding the incident in order to assess your claim.
Do I have to attend an Examination Under Oath?
The law requires you to submit to an EUO, but the Insurance company must:
– Make reasonable efforts to select a date, time and location that is convenient to you;
– Serve you with a Notice of the Examination, which should include a statement of the reason or reasons for the EUO;
– Ask you questions that are relevant to the claim;
– Provide you with reasonable notice of the examination; and,
– Provide you with notice of your right to be represented by a lawyer at your own expense.
At the EUO, the questions must be answered honestly and carefully. Many people do not know how to differentiate between the questions they should answer and those that are improper.
Claim representatives can use your statement or EUO to deny or reduce your claim. They can do so by:
– Using your words against you to establish fault;
– Asking leading questions that are improper;
– Asking questions to establish misrepresentation;
– Using questions to establish inconsistencies among your answers.
Determining what the Insurance representative has a right to ask (or request from you) is difficult. As such, it is best practice to have a lawyer attend the EUO with you.