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My Insurance Company Wants an Examination Under Oath. Do I Need An Attorney?

January 20, 2022 by in Blog

A covered loss (Water damage, hailstorm, fire, etc.) has caused damaged to your property and you are depending on your insurance company to pay your claim so that repairs can be made quickly. Unfortunately, many insurance companies prioritize making a profit ahead of paying valid claims and train their adjusters to produce reasons to deny perfectly valid claims.

Fighting to have a claim paid can be a confusing and exhausting experience. There are many steps to this process, one of which could be an Examination Under Oath.

What Is An Examination Under Oath?

When a policy holder submits an insurance claim the insurance company may ask the insured to participate in an Examination Under Oath (“EUO”). This process is a formal interview during which the insured will be sworn in under oath, meaning that they are legally swearing that any answers given are truthful. Then, the insurance company’s attorneys will ask questions regarding the claim. This process can take several hours.

A court reporter will record the sworn testimony. A copy of the testimony will be provided to the insurance company and can be used along with other materials by the claims adjusters to decide regarding whether to deny your claim.

The purpose of this interview is to determine if any additional information or cooperation is needed from the insured to establish the facts pertaining to your claim. The reality is that this interview is frequently used by many insurance companies as a tactic to intimidate, confuse and apply pressure insured.

Does The Examination Under Oath Take Place in A Courtroom?

No, the EUO typically takes place in a conference room at a court reporter or an attorney’s office.

Do I Need To Go To The Examination Under Oath?

Yes. Technically, you do not have to attend the EUO, however, if you don’t, the insurance company can and will deny your claim for failure to cooperate.

Most insurance policies include language requiring your cooperation. This means that the insured is required to assist the insurance company with the investigation of a claim, as part of that investigation the insurance company has the right to request an EUO and that if the insured fails to comply with the request, the insured could have their claim denied simply because they did not cooperate.

Can I Bring An Attorney To An Examination Under Oath?

Yes. You do not have to go to your EUO alone. You can bring an attorney to an EUO.

Why Should I Hire an Attorney To Help Me With My Insurance Claim Dispute?

It is important to obtain representation from an experienced property insurance claim attorney if your insurance company is requesting that you sit for an Examination Under Oath. An experienced property insurance claim attorney can:

  • Assist with gathering the documents requested by the insurance company.
  • Assist with the preparation of your Sworn Statement in Proof of Loss (Typically required to be completed ahead of your Examination Under Oath.
  • Assist in obtaining repair estimates and damage reports.
  • Handle communication with the insurance company and their representatives.
  • Prepare you for an EUO and the questions that could be asked.
  • Represent you on the day of the EUO and ensure that the insurance company’s attorney stays within an appropriate line of questioning.

Keep in mind that the insurance company will likely be represented by an attorney who is skilled at asking questions that will result in answers that will benefit their client, the insurance company.

Contact an Experienced Property Insurance Claim Attorney Today

If you have received a request for an Examination Under Oath, it is important to contact our team as quickly as possible. Our legal team can help you fight to get your claim paid so that you do not need to cover the cost of storm repairs out of pocket. Contact our office at 321-608-0890 to learn more about how we can help