Property Insurance 101: Everything You Always Wanted to Know About Examinations Under Oath - But Were Afraid to Ask!

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...area that might seem to the insurer, at that time, a relevant or productive area to investigate.

Conclusion

An EUO can be an effective tool in the investigation and the resolution of a property insurance claim. Yet, the escalating number of EUO cases throughout the country appear to be more about strategy than truth. 63 This cottage industry of EUO litigation shows that wrong advice given by counsel to an insured can lead to a material breach of the EUO requirement, resulting in a forfeiture of coverage. Because an EUO is not just another deposition, an insured’s counsel must be well-versed on the nature and the extent of the contractual duty of an insured to submit to an EUO and the consequence of non-compliance.

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