Examination Under Oath (EUO)
A sworn, recorded interview of the insured by the carrier's attorney as part of the claim investigation. Authorized by the cooperation clause in most property policies and typically used on larger, unusual, or suspicious claims to gather testimony before the claim is decided.
An examination under oath (EUO) is a formal, recorded, sworn interview of the insured by the carrier's attorney during the claim investigation. It is authorized by the cooperation clause in most property policies and reserved for claims that require in-depth investigation.
When EUOs Are Used
EUOs are not standard for every claim. Routine losses are handled through recorded statements and document requests, not sworn examinations. EUOs come out on larger claims, claims with unusual circumstances, claims where fraud is suspected, and claims where significant facts are disputed or unclear. Because they are formal proceedings, carriers typically reserve them for situations where the stakes or the questions warrant.
How an EUO Works
The insured appears at a designated location, usually the carrier attorney's office. A court reporter takes testimony under oath. The carrier attorney asks questions about the loss, the policy, the insured's activities, and anything relevant to the coverage investigation. The insured answers under penalty of perjury. A transcript is produced. The insured's own attorney may attend, object to questions, and help the insured understand the process.
Cooperation and Consequences
Attending an EUO when properly requested is part of the duty to cooperate. Refusal without reasonable cause can result in claim denial. Preparation matters: reviewing documentation, understanding the loss timeline, and being ready to answer truthfully are the baseline. For significant claims, preparation with an attorney is standard practice and reduces the risk of mistakes that could cost coverage.
Frequently asked questions
Typically on larger, unusual, or fraud-suspected claims. A routine hail claim rarely triggers an EUO. A large fire loss with inventory questions or a water loss with unclear origin may. Some policies also specify an EUO for business interruption claims and certain commercial losses.
Yes, and for any significant claim it is advisable. The EUO is a formal legal proceeding with sworn testimony recorded by a court reporter. Attorneys help ensure questions stay within the proper scope and that responses are accurately reflected in the record.
Refusing to attend an EUO after a proper request typically constitutes a breach of the cooperation clause and can result in denial of the claim. Legitimate scheduling issues are accommodated, but outright refusal without cause is a serious issue.
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