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Florida Business Litigation & Insurance Coverage Law Blog

Tuesday, June 23, 2015

Examinations Under Oath ("EUO") in Insurance Claims

Examinations Under Oath ("EUO") in Florida

Sometimes after submitting a claim to an insurance company, insureds are requested to participate in an Examination Under Oath, better known in the insurance world as an "EUO."  When an insurance company requests your attendance at an EUO, it's usually not a good thing.  The insurance company would like you to believe that it's just their way of saying "we need more information," but, to me, it really means "we're really considering denying your claim." 

An EUO is exactly what it sounds like: it's an examination (of you) by the insurance company, under oath.  You will be required to attend in person and will be sworn under oath. An attorney for the insurance company will ask you questions that you may have no idea how to answer. A court reporter will be present and will take down every word you say.  It's similar to a deposition in a lawsuit, but for an EUO, no pending lawsuit is required.  

If you're ordered to an EUO, the insurance company is probably considering denying your claim.  As stated above, the insurance company wants you to believe that they're just gathering information, but there is usually more to it than that.  There are circumstances that they may find questionable and they want to lock you into a statement that they can later use to deny your claim. Like on crime shows on TV, what you say can be used against you.  

Are you required to attend an EUO?  The short answer is generally, yes.  Your insurance policy likely has a clause that requires your (as the insureds) cooperation with the insurance company's investigation.  This cooperation clause likely requires your attendance at an EUO.  

The good news is, you can have an attorney present at an EUO.  And you should.  I tell all of my insurance clients that, like a deposition, you don't want to have your statement taken under oath without an attorney on your side. The insurance company will have an attorney that may be trying to make you say something to give them a reason to deny your claim.  It's best to have an experienced insurance attorney there with you to steer you clear of any traps.  A Florida EUO attorney will give you your best shot at getting the claim covered. 

 What type of claims do insurance companies request an EUO? All types, but often when there's a particularly tricky factual issue, often present in fire claims, theft claims, uninsured motorist claims, and claims where they suspect fraud. 

EUO's are not to be taken lightly.  If your insurance company requests an EUO from you, contact an experienced Florida EUO attorney immediately.  

 




The Davis Law Firm is located in Jacksonville, Florida and serves clients throughout the states of Florida and Georgia, including Jacksonville, Miami, Pensacola, Orlando, Tampa, St. Petersburg, St. Augustine, Fort Myers, Daytona Beach, Panama City, Destin, Melbourne, Fort Lauderdale, West Palm Beach, Tallahassee, the Florida Keys, and everywhere in between.



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