[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.rizklaw.com\/blog\/an-examination-under-oath-not-your-father\/#BlogPosting","mainEntityOfPage":"https:\/\/www.rizklaw.com\/blog\/an-examination-under-oath-not-your-father\/","headline":"An Examination Under Oath: Not Your Father","name":"An Examination Under Oath: Not Your Father","description":"Thu November 13, 2008, 3:52 pm You have submitted a property loss claim or uninsured motorist claim [1]\u00a0to your insurance company. So it can better understand the loss, your insurer asks to provide information and complete some forms describing your damage. You dutifully do so. Then, an overly legal\u00a0letter arrives from your insurer. It requires...","datePublished":"2008-11-03","dateModified":"2025-01-07","author":{"@type":"Person","@id":"https:\/\/www.rizklaw.com\/blog\/author\/rizklaw\/#Person","name":"Rizk Law","url":"https:\/\/www.rizklaw.com\/blog\/author\/rizklaw\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/10e23ce5e6c4dadb4589cd8edf2c3f59ac356a6e876c3656917777913d9c3bc1?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/10e23ce5e6c4dadb4589cd8edf2c3f59ac356a6e876c3656917777913d9c3bc1?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Rizk Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/rizk-law-logo-footer.jpg","url":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/rizk-law-logo-footer.jpg","width":278,"height":65}},"image":{"@type":"ImageObject","@id":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/Richard-Rizk-headshot.jpg","url":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/Richard-Rizk-headshot.jpg","width":383,"height":427},"url":"https:\/\/www.rizklaw.com\/blog\/an-examination-under-oath-not-your-father\/","about":["Insurance Issues"],"wordCount":544,"articleBody":"Thu November 13, 2008, 3:52 pm You have submitted a property loss claim or uninsured motorist claim [1]\u00a0to your insurance company. So it can better understand the loss, your insurer asks to provide information and complete some forms describing your damage. You dutifully do so.Then, an overly legal\u00a0letter arrives from your insurer. It requires you to attend an\u00a0Examination Under Oath\u00a0(EUO), usually to take place at a law office. You are ordered to bring\u00a0 many, many documents including tax returns, bankruptcy info, phone logs, bank records etc. What is going on? Is this a deposition? No, it is not.Unlike depositions, the legal justification\u00a0for a EUO is the insurance contract. So, as a first step, request a copy of your insurance policy. Then, (and this is the hard part) read it. Or, at least read the section addressing Examination (s) Under Oath. After you do, you will quickly realize that your insurer has broad powers in requiring and conducting an EUO.Also unlike depositions,\u00a0an insurer may require EUOs \u201cAs often as we reasonably require\u201d.\u00a0In other words, your insurer can ask you to return to answer\u00a0more\u00a0questions.\u00a0This usually occurs when the insurer uncovers additional facts.\u00a0Typically, an insured does not breach the policy if he or she has \u201csubstantially\u201d satisfied an insurer\u2019s EUO request.An insured\u2019s refusal to answer material and relevant EUO questions may result in claim denial. As mentioned above, most EUO requests also seek documents. Refusal to produce the requested documents, if material and relevant to the insurer\u2019s investigation, may also provide a basis for claim denial. A federal case known as\u00a0Baldwin v. Bankers & Shippers Ins., declared that, if material to the examination, an insured must produce tax records even if it might subject the insured to possible criminal prosecution.So why not just forget the EUO and sue your insurer? Your policy probably does not allow that. For example, many policies contain a \u201csuit limitation\u201d clause. Common policy language follows:\u201cSuit Against Us. No action shall be brought against us unless there has been compliance with the policy provisions\u201dBecause you will be under oath when testifying, a EUO transcript may be used against you by an ex-spouse, the IRS and of course, your insurer. Frequently, unrepresented claimants attend an EUO only to later realize harsh consequences of an\u00a0off-hand EUO comment. Your sworn EUO transcript will last forever and will likely be referred to in any insurance coverage trial. It, along with any proof of loss submissions to the insurer will amount to\u00a0the\u00a0blueprint\u00a0of your claim. I have both prosecuted and defended Examinations Under Oath. Let me be there by your side at the your EUO.[1]\u00a0In\u00a0Mosley v. Allstate Ins. Co., 165 Or App 304, 996 P2d 513 (2000), the Oregon Court of Appeals found that insured\u2019s may be obligated to submit to an examination under oath as part of the Uninsured Motorist claims investigation.If you have been injured in a\u00a0Gresham car crash\u00a0and need legal advice, contact a\u00a0personal injury lawyer in Gresham\u00a0at Rizk Law today for a free consultation. Ph:\u00a0503.245.5677.Disclaimer: Our law firm does not handle home insurance claims. We exclusively handle insurance claims related to auto injuries, trucking accidents, and dog bite cases."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.rizklaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"An Examination Under Oath: Not Your Father","item":"https:\/\/www.rizklaw.com\/blog\/an-examination-under-oath-not-your-father\/#breadcrumbitem"}]}]