Your insurance company may demand an EUO (Examination Under Oath) for a number of reasons such as looking for additional information, investigating potential fraud or as an intimidation tactic to potentially scare an insured.
A recent article on claimsjournal.com had the headline “How to Effectively Use Examinations Under Oath.” This article was produced to help educate adjusters when to use this “tool” and how to use it during the claims process. If more and more adjusters move toward using this “tool”, it is an indication of how claims are to be handled in the coming months and years. The days of taking a an insured’s word at face value a going the way of the dinosaurs. With this approach, the insurance company appears to be asking an insured to prove their loss, and then question the manner in in which the insured determined that loss. It would appear that many, many claims are going to wind up in legal action.
One excerpt from the article (link to article below) that jumps out when and how the insurer has to demand an EUO (some states vary slightly, but the process is very similiar).
Reading this section of the article, we see the insurance company can bring in anyone in their company that is an “expert” in what they are asking you about (maybe a fire investigator) and they can ask anything they want. You can bring your attorney, but they cannot ask anything or contribute to the answering of questions. And yes, you have to answer the questions. You cannot avoid answering any questions or you have violated the insurance contract and the claim will be denied. Imagine the police asking you questions and not being able to have legal advice or pleading the fifth. This process provides you little protection and lots of risk.
If your claim is being delayed and the adjuster is reminding you or the insurance company’s right to an EUO, you need to start looking for representation that knows this process and how to help protect your position.
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At American Property Loss Services, Inc. “Your Recovery is Our Success.”
How to Effectively Use Examinations Under Oath. ClaimsJournal.com