Most insurance policies will have a provision entitling the insurance carrier to require that the insured(s) submit to an Examination Under Oath (EUO) or Sworn Statement during the carriers investigation of the claim.
Typically, such a statement is conducted by a lawyer retained by the insurance company. In theory, the purpose of the EUO or Sworn Statement is to allow the insurance carrier an opportunity to get certain questions answered by the insured under oath and to further the insurance company's investigation of the claim. Often, the request for an EUO or Sworn Statement comes with a request from the insurance carrier for the insured to produce extensive records, many of which are only tangentially relevant to the claim. Failure to comply with the insurance company's request for an EUO or Sworn Statement will be grounds for a denial of your claim. Unfortunately, some insurance carriers seem to use EUO's or sworn statements as an opportunity to intimidate and harass insureds. In my experience, attending an EUO or Sworn Statement without obtaining the advice of an experienced attorney in these matters or failing to prepare for the EUO or Sworn Statement, will detrimentally affect your claim. Examination Under Oath and/or Sworn Statement provisions in insurance policies are considered conditions precedent to coverage which the insured has a duty to comply with. Insurance companies make requests for Examinations under Oath/Sworn Statements in many types of insurance claims.
You can reach Attorney J.P. Gonzalez-Sirgo by calling (786) 272-5841 or by emailing [email protected]