Tag Archives: Examination Under Oath

Misrepresentations Made After Loss But Before An Examination Under Oath

New Jersey Merlin Law Group attorney Jason Cieri was married last week. It was a fantastic wedding. It also provided me a chance to catch-up with some Jersey Shore public adjusters, discuss the upcoming PPAANJ seminar on November 14 and write this blog which includes a case discussion involving post loss misrepresentations made prior to … Continue Reading

Refusing to Answer Questions at an EUO is Usually Not A Good Idea

Recently, it seems like I have been privy to a relatively high number of insureds asked by their carrier, following a loss, to submit to an examination under oath (commonly referred to as an EUO). The most common question I received was, “Can I just choose not to answer or attend?” Although the choice is … Continue Reading

Examinations Under Oath: Be Careful What You Ask For

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 … Continue Reading

Examinations Under Oath – What You Need to Know

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 … Continue Reading

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

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 … Continue Reading

Examination Under Oath is Not a Deposition

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. … Continue Reading

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

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

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

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 … Continue Reading

I Appeared For Examination Under Oath, But The Insurance Company Says It Was Not A Meaningful Examination – Who Determines If I Complied?

Have you ever heard insurance company representatives talk about how the policyholder "failed to give a meaningful examination under oath?" They may raise this issue if an insured defers some of the answers to the EUO questions to other people. So what happens if an insured appears for EUO but defers some of the answers … Continue Reading

Is Your Examination Under Oath Testimony Admissible at Trial?

On Wednesday, I found myself in Orlando participating in an examination under oath (“EUO”). During discussions with the insurer’s legal counsel, the issue came up as to whether an EUO has any evidentiary value in a trial. It has always been my understanding that EUO testimony may be admissible at trial, but carrier’s counsel was of the … Continue Reading

Compliance With Examinations Under Oath – Supreme Court of Florida Authority Hot Off The Press

Many moons ago (on October 26, 2012, to be precise), I blogged about compliance with examination conditions. That blog noted conflicting views as to what is required of a policyholder under the policy’s condition for examination under oath (in the property insurance context) or compulsory medical examination (in the health, disability, or long-term care insurance … Continue Reading

Depositions versus Examinations Under Oath

A comment to my earlier post, The Importance of Examinations Under Oath, asked me to differentiate between a deposition and an examination under oath. A deposition is a discovery tool used during litigation to take the sworn testimony of a witness. In Colorado, depositions are governed by Colorado Rule of Civil Procedure 30 that states … Continue Reading

Examinations Under Oath of Multiple Parties for the Same Claim

When an insurance company requests an Examination Under Oath of multiple parties in the same claim such as a husband and a wife, it has been my practice to have spouses attend each other’s Examination Under Oath absent a policy provision in the insurance contract that prevents this practice. I find that this relaxes the policyholder … Continue Reading

Examination Under Oath Requests Matter in North Carolina

A policyholder who is asked to submit to an examination under oath (EUO) usually does not know exactly what an examination under oath entails. The lack of rules that govern examinations under oath, coupled with an insured’s unfamiliarity with the process, allows insurance lawyers to turn an information gathering session into a heated interrogation. This … Continue Reading

Consequences of Failing to Comply with Request for Examination Under Oath and Submission of Insufficient Proof of Loss in Texas

While working on a case for recovery after hail pummeled a homeowner’s roof, I found a recent case that discussed Texas law regarding Examinations Under Oath (EUO). In this case, the insurer demanded that the EUO be videotaped. When the insured refused to submit to a videotaped EUO, the issue of failing to comply with … Continue Reading

Insurance Policy Conditions (a/k/a/ Land Mines): Part 28 – An Insurer’s Exercising Conditions When There Is No Claim??? Huh??

I recently encountered something rather bizarre – an insurance company trying to conduct Examinations Under Oath (“EUO”) despite there being no pending claim. The carrier denied the claim several months ago. A few months after the first claim denial, and after supposedly entertaining more information from the insured, the insurer ratified the denial. A few … Continue Reading