Your typical insurance policy, whether it be auto, home, or liability is long and convoluted, the majority of which is filled with exclusions and limitations. Keep in mind they are written by lawyers to limit the liability of the carrier.
One section that comes into play when one makes a claim is the ‘Duty to Cooperate’ provision, which is present in virtually every policy. There is no “standard language” in such a clause. This section requires that the insured respond to the carrier’s request for information and documentation needed to evaluate the claim. Carriers have broad discretion as to the type and amount of information they can request. Even for valid claims, failure to respond to request for information, or to sign releases for the carrier to obtain information, is grounds for the carrier to deny the claim.
Carriers are always on the lookout for suspicious claims, either as to the loss itself or the claimed value of the loss. Cases that typically get extra scrutiny are auto and property theft claims. One of the tools a carrier has at its disposal to investigate a questionable claim is to request an ‘Examination Under Oath (EUO). Under the Duty to Cooperate section of the policy there is almost always language that requires the claimant to submit to such an examination if the carrier makes a request. In addition, the carrier may require the claimant to bring documents to the examination that might include receipts, photographs, and financial records.
An Examination Under Oath is an interrogation conducted, usually by an attorney for the insurance company. If the carrier feels the claim is questionable, the inquiry will focus in on the most suspicious aspects of the case.
The proceedings are taken down by a court reporter and may be videotaped. The claimant is under oath, that is, they are sworn to tell the truth, and may be subject to the rules of perjury. If it is proven the claimant is lying, the person may be subject to civil or criminal penalties. A claimant may appear by themselves or be represented by counsel. Objections to the questions are not allowed.
For the average person appearing alone, an Examination Under Oath questioning can be nerve-wracking. While an attorney representing a claimant cannot make objections to the questions, an experienced attorney can prepare a claimant for the type of questions that will be asked and can instruct one on the most favorable manner to present their case.
If you have made an insurance claim and are facing onerous delays, unreasonable requests, demand for an Examination Under Oath, or outright denial of the claim, contact the Law Office of Elliott Klein, PLLC for a consultation.