The examination under oath (EUO) is an important tool to help an insured prove his or her loss or to allow an insurer to cross-examine the proofs of loss to avoid potential fraud.

How long does an insurance company have to address a claim?

In California, insurance companies have 15 days to acknowledge a claim. Once acknowledged and all documentation and proof have been received, they have 40 days to approve or deny the claim. If a settlement is reached, they have 30 days to make the agreed-upon payment.

How long is an EUO?

EUO’s typically take a few hours, but can be longer or shorter. In some cases they even take more than one day.

Can I refuse an examination under oath?

The California Court of Appeal has held this means the insured must sit for an examination under penalty of perjury and “answer all proper questions as part of the insurer’s investigation of the insured’s claim.” An insured cannot refuse to participate in an examination under oath.

What happens after an EUO?

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.

How do you take an EUO?

During an EUO, you will be sworn under oath, and spend possibly several hours answering questions posed by the insurance company’s attorney. The questions may include any question that the insurance company’s attorney considers relevant, although it may not seem to you to be relevant.

How do I prepare for EUO?

Tips for An Examination Under Oath

1. Use clear, concise, and effective communication with the insurance company representative.
2. You have the right to a date that is convenient for you.
3. Give yourself time to prepare.
4. Tell the insurance company if you do not have certain documents requested.

What is the difference between an examination under oath and a deposition?

An examination under oath is questioning that takes place to verify the legitimacy of an insurance claim in order to approve or deny the request. A deposition, however, takes place during any type of litigation to help the attorney establish their case and discover details surrounding the litigation.

Can a insurance company ask you for an EuO?

Yes, you should worry if your insurance company asks you for an EUO. The insurance company is not going to hire a lawyer to interrogate you because they want to help you substantiate your claim. They suspect fraud or are collecting information, from you, in order to deny your claim.

When to contact an attorney for an EuO?

For these reasons, we recommend contacting an experienced attorney as soon as you believe an EUO will take place. Most insurance policies give the insurance company the right to request an EUO at any point before the claim is processed, and the policy should detail any restrictions on the EUO.

What happens if I do not go to an EuO?

If you do not go to the EUO, the insurer can deny your claim. The insurer does not have to show that your failure to provide sworn testimony prejudiced (harmed) the company’s interests. But sometimes an insurance company requests an EUO when it is not their right, because it is not provided for in the insurance policy.

When does an insurance company request an examination under oath?

In some cases, the insurance company is simply performing its due diligence to clear up confusion about any facts before paying out a claim. In other cases, the insurance company requests an examination under oath when it believes the policyholder has committed fraud.