What Are Insurance Examinations Under Oath?

An examination under oath is a formal proceeding that insurance companies use to investigate an insured’s claim. The insured should review any request for an examination under oath (EUO) with an experienced Tennessee insurance lawyer, because the insurance company will often try to use the EUO to deny a claim, reduce the amount that should be paid, or even to charge a policyholder with fraud.

EUO requirements

An EUO begins with a formal notice by the insurance company that usually includes the following:

• The identity of the person who will be examined – usually the policyholder
• The identity of the person conducting the examination
• Where and when the examination will be conducted
• A list of documents the person being examined must bring

Sometimes, a policyholder or named person can be required to submit to multiple EUOs during the insurance company’s investigation. The EUO is conducted before a court reporter, and the person being examined takes an oath that they will tell the truth. No matter how many times you are asked to submit, you must comply; otherwise, you risk having your claim denied for non-cooperation.

Why do insurance companies order EUOs?

The purpose of an EUO should be to help the insurance company determine the validity of the claim, what other witnesses the insurance company may want to speak to, and what evidence of value there is. EUO’s were commonly used during Hurricane Katrina, for example, and will likely be used by the property victims of Hurricanes Harvey and Irma.

An EUO should be used to help clear up any concerns your insurer has, and ideally expedite your payment. Insurers usually request one if they feel there are too many “red flags” in your claim. Sometimes the EUO request is done in good faith, but sometimes the motives are less “friendly.” This is why your will want to work with a lawyer before you submit to questioning.

While your attorney cannot actively participate in the examination under oath with you, he or she can prepare you for what is to come. Our insurance dispute attorneys help you gather and present your documentation and evidence of your loss, review the types of questions you are likely to be asked, and ensure that the process of meeting with the insurance company goes smoothly.

At McWherter Scott & Bobbitt, our Tennessee insurance dispute attorneys like Clint Scott, Jonathan Bobbitt and Brandon McWherter explain the importance of examinations under oath. We represent you at the exam and work to pursue strong and just negotiated settlements of your claims.. For help now, please call us at 731-664-1340 or make an appointment through our contact form. We have locations in Nashville, Chattanooga, Memphis, Jackson, and Knoxville.