Examination Under Oath Representation (EUO)

The stakes of an EUO are especially high. They are a tool favored by the insurer, but skilled council understands the rules cut both ways.

An examination under oath is a tool used by insurance companies to formally question and establish a record to bolster their position concerning your claim. At an EUO, all material and relevant questions concerning the claim must be answered by the insured. Failure to comply with an EUO is a material breach of the insurance policy. Non compliance may also impede your right to later sue the insurer for denial of coverage. In other words, it is mandatory to comply with an EUO request. An insurer may require multiple examinations.

Nevertheless, the insured is not without rights. An insurer may inadvertently lose their right to conduct an EUO by waiver or estoppel. Determining your right to refuse an EUO request in light of waiver, however, should be left to the judgment of a lawyer. This should be obvious considering the complexity of the legal questions and the severe ramifications of failing to comply with a legitimate EUO request as noted above.