This article is based on years of experience with the issues discussed and is for educational and informational purposes only. It is not intended to convey or to constitute legal advice, and should not be relied upon as legal advice. Readers should consult their own attorneys who are familiar with the applicable law in any particular jurisdiction.
Property insurance policies impose certain duties or obligations upon an insured in the event of loss or damage. 1 One such enumerated duty is submitting to an examination under oath (“EUO”), a formal proceeding...
Examination under oath. The termhas an intimidating ring to it.
It refers to the process a policyholder can be required to go through if their insurance carrier has concerns about a claim they have submitted. The insured’s obligation to participate is stipulated in the insurance policy.
But just how does such an examination work? What are a policyholder’s rights and responsibilities?What constitutes non-compliance and what are the consequences? In the midst of attempting to recover froma loss, these become further matters the insuredmust address.
They are also among the questions that attorney Edward Eshoo Jr., an expert in assisting policyholders with their insurance claims, discusses in this issue of Adjusting Today. More than interesting, it is essential reading for any insured that could face an examination under oath in attempting to settle an insurance claim.
Sheila E. Salvatore Editor