So your insurance company wants you to submit to an “Examination Under Oath”, or “EUO”? What is an EUO? Basically, an EUO is a question-and-answer session under oath between you and the insurance company’s attorney. Your answers are recorded by a court reporter.  Unfortunately, insurance companies are notorious for using the EUO as a basis for denying claims.

There are several things you must know before your EUO takes place. Under most circumstances, you have to submit to an EUO. Generally speaking, most homeowners policies have a provision requiring the insured to provide an EUO if requested by the insurance company. If you do not provide one, the insurance company has a possible basis to deny your claim.

The insurance company should set the EUO at a reasonable time and place. The actual request for an EUO should include the scope of the topics that the insurance company would like to ask you about. It is important to remember that you have an absolute right to be represented by an attorney at your EUO. And once you have completed your EUO, in most cases you have a right to review the transcript of your EUO to make sure that the transcript is truthful and accurate.

Finally, and most importantly, you must remember that the insurance company may only be asking for your EUO as a pretext to deny your claim. Generally, the request for an EUO is an indication that the insurance company hasn’t taken your word and suspects something out of the ordinary.  Stated differently, what you say in your EUO has a profound effect on the outcome of your claim. Talk with a lawyer.

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