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What examinations under oath?


Typically, property insurance policies provide for the insurer's right to ask for a EUO, along with all records and documents supporting the claim.

The EUO enables the insurer to obtain full knowledge and information on the facts to decide on its duty and protect against false claims. It can help insurers determine a first-party claim's legitimacy and obtain evidence to assess and adjust the request, such as documents and witnesses.

It's one of the best tools you can use to get information. They were widely used in Hurricane Harvey because records were lost or destroyed, not because insured people were evasive. It is an instrument that insurance companies can use to scare consumers to drop valid insurance claims. In litigation, it may also help to challenge future testimony to the advantage of the insurance company.

The insured may take advantage of the examination because it provides an opportunity to give a long-term account of the claim. If the insured's testimony is sufficiently substantive and there is no longer any documentation available, it may be sufficient to support the claim. The insured is wise to obtain the services of an experienced EUO attorney.

Another advantage is that it enables the parties to come together and concentrate on the claim's issues.

Requesting an EUO

The insurer must submit an application for a EUO in the form of a written notice to schedule one. The letter to the insured should include the following:

  1. The name of the representative of the insured person who will be examined.
  2. The duration and location of the test must be reasonable and convenient.
  3. A list of the documents required before the scheduled review.
  4. The name of the person who will take the examination.
  5. Reservation of rights with a view to the appointment of additional persons.

It is important to note that an insurer may schedule more than one EUO with an insured person. Examinations may be scheduled within an insured company with different people who may have specialized knowledge of the insured company. Multiple examinations may focus on various aspects of the claim.

Those who may be present at the examination include:

  • The insured and the insured's attorney,
  • The insurer, the adjuster, and the lawyer.
  • The court reporter or notary.

Unlike in a deposition, they cannot participate in the EUO while lawyers may be present. The questions asked must be relevant and material to the loss, said Mishall. Reasonable questions include requesting information on the insured person's finances, possible grounds for fraud, and the history of claims.

Since the insurance contract is voluntary, the insured cannot plead with the Fifth Amendment for refusing to comply with the EUO application. These are grounds for voiding the policy.

Although the insured has to comply to prevent a breach of the policy condition, according to the presenters, there are some valid excuses for the insured's refusal to comply. These include a faulty notice of intent to investigate, objection to undue time and location, and denial of the insured's right to have a lawyer present. Besides, if the insurer denies coverage before the end of the period for which proof of loss is submitted, the insurer shall excuse the insured from complying with the request.

EUO's are practical tools used by insurance companies

EUOs are extremely useful in assessing first-party property claims. "It's a useful tool for collecting information," King said. In reality, the insurer may receive the required documents before the scheduled examination. In that case, the review may continue until it is determined whether the claimant's assessment is still necessary.

In addition to aiding the assessment of claims, the EUO may provide useful information to experts retained. It reduces the time it takes for damages and costs to be assessed.

Preparing for the review requires the formulation of practical questions, the presenters said. They recommended that the insured's claim be compared with the documents and expert reports generated by the insured. Discrepancies should be noted for a further explanation during the examination.

Don't make assumptions.

When participating in an examination under oath, please bear in mind that you are not a specialist in home insurance claims. Don't believe that insurance is going to protect you from the harm that you have caused or not. Allow your specialists to decide what is covered. It is also wise for consumers to allow their experts to consider the value of this loss. An experienced home insurance lawyer will obtain expert reports for consumers. Consumers can use these reports to substantiate the values of loss.

Get your advocate!

Experienced home insurance lawyers only charge money for the disputed portions of the lawsuit. Insurance companies spread myths, causing concern that clients will not hire a lawyer because they are too expensive. A home insurance lawyer will help you get a lot more. Almost all the statistics show that insurance providers pay more to consumers by hiring an experienced insurance lawyer.

Stop buying in from crooked insurance companies.

Instead of paying legitimate insurance claims, consumers are smart enough to stop buying insurance from businesses by wasting their premiums on pressing state officials and slicking TV ads. Insurance companies like State Farm have a nasty reputation for tricking customers. My law firm has discovered in the last 12 years that the only way to keep our customers from being victimized by greedy insurance providers is not to buy insurance.

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