Defense of Examinations Under Oath
Insurance contracts impose duties upon both the insurance company and the policyholder. One typical policyholder obligation contained in property insurance contracts is the requirement to submit to an Examination Under Oath or “EUO.” As part of the insurance company’s claim investigation it is entitled to interview the insured under oath before a court reporter to gather the facts necessary for making coverage determinations and decisions as to the amount and scope of the covered loss. Refusal by a policyholder to submit to an EUO may result in no coverage for the claim.
While it is important for policyholders to cooperate with their insurers in providing information needed in the claim investigation process, the scope of the insurance company’s inquiries should limited to what is reasonably necessary for making claims decisions. You are entitled to have an insurance claims attorney accompany you to an EUO to ensure the insurer does not abuse the process. Christopher Ligori & Associates can advise you on your obligations under the insurance contract and keep the scope of the insurance company’s inquiry focused on what is permissible under the policy.
