Submitting to an Examination Under Oath in an Insurance Dispute

When you make a claim to your insurance company, you may be asked to submit to an Examination Under Oath (EUO). Insurers often use the EUO process as a way to vet claims before they make a payment. EUOs are becoming more and more common, and often indicate there is a red flag of some sort associated with the claim.

The “red flag” possibilities are endless. Perhaps the insurance carrier suspects there was a misrepresentation on the application, there may be questions about the amount of the claim, or the cause of the loss could be suspect. In our experience, the motive behind an EUO request is sometimes pure and other times not. But one thing is for sure and that is the policyholder’s obligation to appear and participate in the EUO. As attorneys who represent Tennessee policyholders, we have represented our fair share of clients during these proceedings, and so we offer you some basic information about what might happen, and what steps you will need to take.

The process generally works like this: you submit a claim for a loss to your insurance company. Your insurer has a question about your claim – or has begun an investigation into your claim – and asks you to submit to the EUO. You are then asked to meet with the insurer’s attorney(s) and to bring in additional supporting documentation. Because you are under oath, you will be sworn in just as you would during a court session; there is usually a court stenographer on hand, too.

During the Examination, your insurer’s attorney(s) will ask you highly detailed, specific questions about your loss and the claim you submitted. The process can last for hours, and depending on the nature of the claim, sometimes for a full day or more. After the EUO, the questions and answers will be typed and bound in the form of a transcript, which you will have the opportunity to review and correct any errors before signing and returning to the insurance company.