Insurance · Claim Investigation

What is an 'examination under oath' (EUO) in insurance claims?

  1. A A type of polygraph
  2. B A formal recorded testimony given under oath by the insured, typically requested by the insurer when fraud is suspected or coverage is uncertain; refusing to attend can void coverage; required only if the policy contains the right
  3. C Religious ceremony
  4. D Court testimony only

Why this is the answer

Examination Under Oath (EUO) is a formal investigative tool authorized by most property insurance policies. The insurer can require the insured to appear at a designated time and place, take an oath to tell the truth, and answer questions about the claim. The proceedings are recorded by a court reporter; transcripts are evidence. When used: typically when fraud is suspected, coverage is uncertain, or significant claim issues need clarification. Less common than recorded statements (informal interviews); EUOs are more formal and often used when initial investigation raised concerns. EUO process: (1) Insurer sends written demand specifying time, place, and topics; (2) Insured must appear (refusal can void coverage); (3) Insured can have attorney present and may want their own court reporter; (4) Insured may invoke 5th Amendment for criminal-related questions but doing so may also void civil coverage; (5) Production of documents typically required; (6) Testimony recorded and used to evaluate claim. The EUO right is one of the most powerful investigation tools available to insurers but must be used in good faith — frivolous or harassing EUOs can themselves be bad faith. Insurers must allow reasonable time for preparation, provide notice of topics, and conduct the EUO appropriately. The insured should consult counsel before an EUO, especially if fraud is implied.
Source: NAIC Adjuster EUO

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