Complying with an Examination Under Oath (EUO) request is a critical component of the insurance claims process in Florida. Failure to meet this obligation can jeopardize an otherwise valid claim. This blog outlines what Florida policyholders need to know about EUO requests, their legal obligations, and how to properly prepare.
What Is an Examination Under Oath?
An EUO is a formal process in which an insurance company requires a policyholder to give sworn testimony about a claim. It is conducted under oath, typically recorded by a court reporter, and may involve a detailed review of the circumstances and documents supporting the claim.
Unlike a deposition, which takes place during litigation, an EUO is a contractual obligation arising from your insurance policy. Its purpose is to allow the insurer to investigate the claim thoroughly, verify facts, and identify any potential fraud.
Legal Obligations and Consequences of Non-Compliance
Most Florida insurance policies contain a cooperation clause that requires policyholders to comply with the insurer’s reasonable investigative requests, including attending an EUO. Failing to appear, refusing to answer questions, or providing false or misleading information can be considered a breach of contract, leading to denial of the claim.
In Florida, courts generally hold that the insurer need only send the EUO request to the policyholder’s address on file. If the policyholder fails to respond, it can be deemed a failure to cooperate.
Common Reasons for an EUO Request
Insurance companies may request an EUO in a variety of circumstances, such as:
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Suspicion of Fraud: If there are inconsistencies in the claim or submitted documents.
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High-Value or Complex Claims: Particularly those involving large losses or multiple parties.
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Inconsistent Information: Conflicting statements provided to adjusters or in supporting documents.
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Ambiguities in the Claim: When the cause, scope, or timeline of the loss is unclear.
Preparing for an EUO: Best Practices
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Consult an Attorney
An experienced insurance lawyer can help you understand your rights and obligations, protect you from making statements that could be misinterpreted, and ensure that your testimony complies with your policy terms. -
Organize Your Documentation
Gather and review all claim-related documents, including estimates, receipts, photographs, emails, and any correspondence with the insurer. -
Review Your Policy
Familiarize yourself with your policy’s language regarding cooperation and EUO requirements. -
Practice Your Testimony
Work with your attorney to go over potential questions and rehearse clear, truthful answers. -
Stay Honest and Concise
Be direct and avoid guessing. If you don’t know or remember something, it’s acceptable to say so.
What to Expect During the EUO
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Be Professional and Calm: Maintain composure and respect throughout the questioning.
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Listen Carefully: Understand each question before responding.
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Don’t Speculate: Avoid providing answers unless you are certain of the facts.
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Stick to the Facts: Answer only what is asked and avoid volunteering extra information.
After the EUO
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Follow Up Promptly: If the insurer requests additional documents or clarifications, respond without delay.
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Monitor Your Claim: Stay in communication with your attorney and insurance adjuster.
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Review the Transcript: Obtain a copy of your EUO transcript to confirm its accuracy.
Final Thoughts
An Examination Under Oath can be a turning point in the claims process. For Florida policyholders, understanding the legal significance of an EUO and properly preparing for it can make the difference between approval and denial of a claim. By taking the process seriously, staying organized, and obtaining legal guidance, you can protect your interests and strengthen your position.
Contact Florida Insurance Claims Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
