My insurance company is insisting that they take an Examination Under Oath (EUO). What is an EUO?
An EUO is a legal procedure that is part of your property insurance claim process, where you, the homeowner a.k.a. the “insured” is asked questions by your insurance company’s attorney, in the presence of a court reporter, under oath, before filing any lawsuit. An EUO is not a deposition.
Why is the insurance company demanding they take an EUO?
The insurance company conducts these EUO’s to question you about the details of the loss/claim. Basically, the EUO is an interview between you, the insured and your insurance company to provide them with a more in-depth view of what transpired on the date of your loss. Sometimes, if the insured property is an investment property and is rented to someone, the Insurance company will also request the EUO of a tenant.
As part of this process, the insured takes an “Oath”, which means you legally swear that all the information, records and documents relating to the claim and the damages incurred, are truthful and correct to the best of your knowledge. Every question which is asked and every answer which is given is then made a part of the record and reviewed by the insurance company.
Can I deny their request to take an EUO?
No. Per your insurance policy, you are obligated to give the insurance company the opportunity to investigate their claim to the fullest. An insured cannot refuse to show up or participate in an examination under oath.
If an EUO is requested, the insured’s will be provided with a date and location and will need to appear in person. Once an EUO is scheduled it is very important that you attend the EUO when requested to do so. Indeed, failure to appear for your EUO will be viewed as not complying with the terms of your insurance policy, which may either result in the denial of your insurance claim or at the very least create a big delay in the processing of your claim. Of course, if absolutely necessary you can reschedule your EUO, but you cannot unreasonably delay the EUO.
However, EUO’s do have their limits as they are not an open-ended “fishing” opportunity by the insurance company. That is why it is important that you, the insured is represented at the EUO. An experienced attorney can guide you during questioning and protect you from any unrelated, open ended, unrelated or unreasonable questions.
Once the EUO has been completed, the attorney for the insurance company will review the information provided to them and will give their decision to the Insurance company. The Insurance company will either agree to pay the claim, negotiate or deny the claim.
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If you have an EUO don’t worry. You will be accompanied by an experience and aggressive Insurance Litigation Group. Our office includes speakers of English, Spanish, Creole and Russian to meet your needs. We are with you from the very start, explaining the terms of your policy and walking you through the claims process. We will represent you at any examination under oath, and advocate on your behalf in any litigation necessary to see that you get the benefits you are entitled to.
Contact us today in Florida for a free consultation.
