When I first heard of this term, I thought it was only engaged during a court trail. As I became more experienced with EUO’s I discovered what a useful tool this is in securing relevant claim facts and how it serves as a claims investigative guide.
The examination under oath is intended to enable the insurer to obtain any and all information known to the insured or within the insured’s possession or control which may be material to the claim. The examination permits the insurer to observe the insured’s demeanor and trustworthiness, and to obtain detailed information concerning the insured’s claim.
The Examination Under Oath (EUO) is a formal proceeding taken before a court reporter and recorded in a verbatim transcript. Every question which is asked and every answer which is given is made a part of the record. Many insurance companies now videotape the Examination Under Oath, as well. It is usually conducted by an attorney hired by the insurance company for that purpose. The insured has the right to be represented by an attorney and often appears with counsel
An examination under oath (EUO) is one of many tools an insurer has at its disposal to assist it in investigating and adjusting claims which have been submitted. As such, if your clients issue insurance policies or merely purchase them, it is imperative that you understand the issues related to the conducting of an EUO.
An EUO is one of the most effective tools an insurance company has in its search for the truth. The EUO provides the company a unique contractual opportunity to gather material facts and information relevant to a claim presented. Although an EUO has some similarities to a deposition, there are some very important distinctions which, if not considered, can put you or your client at a very distinct disadvantage. These differences arise from the fact that an EUO is the product of a contractual relationship between an insured and their insurer while a deposition is generally conducted during the course of litigation.
Most commercial and personal lines insurance policies, including homeowners, auto and general liability policies, contain provisions which allow an insurer to demand that an insured and certain other parties submit to an EUO. Generally, the policy provision which provides for an EUO states as follows:
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