There exists a procedure that often strikes fear and uncertainty into the hearts of policyholders that contact me: the Examination Under Oath (EUO). I have witnessed firsthand the confusion and apprehension that this process can bring. It’s essential to understand what an EUO entails, how it can impact your claim, and why having legal representation makes a difference.
At its core, an EUO is a formal proceeding conducted by an insurance company’s representative, typically an attorney, wherein the policyholder is required to answer questions under oath regarding the details of their insurance claim. This process can be triggered when an insurer suspects fraud, misrepresentation, or if there are discrepancies in the claim.
From the perspective of a policyholder, the mere mention of an EUO can be intimidating. After all, being questioned under oath implies a level of scrutiny that can feel intrusive and adversarial. It’s important to remember that an EUO is a contractual obligation outlined in most insurance policies. By agreeing to the terms of the policy, the policyholder consents to participate in an EUO if requested by the insurer.
So, what should policyholders expect during an EUO? Firstly, preparation is key. As an attorney representing plaintiffs, I work closely with my clients to ensure they understand the process and their rights. We review the policy, the details of the claim, gather relevant documentation, and anticipate potential lines of questioning.
During the EUO itself, the policyholder will be sworn in, much like in a courtroom setting, and will be expected to provide sworn testimony. The questions asked can range from the specifics of the incident leading to the claim to the policyholder’s background and financial status. It’s essential to answer truthfully and to the best of one’s ability, as any misrepresentation can have severe consequences, including the denial of the claim.
While an EUO may feel like a one-sided interrogation, policyholders do have rights. They have the right to be represented by legal counsel throughout the process. Having an attorney present can help level the playing field and ensure that the policyholder’s interests are protected. Additionally, policyholders have the right to request breaks, clarification on questions, and even to refuse to answer questions that are irrelevant or overly invasive.
My role is to advocate for my clients and guide them through the EUO process. I ensure that their rights are upheld, that they are treated fairly, and that their best interests are represented at every turn. Whether it’s negotiating with the insurer, challenging a denial of the claim, or representing them in legal proceedings, my goal is to achieve a favorable outcome for my clients.
While Examinations Under Oath may seem daunting, they are a standard procedure in the realm of insurance claims. By understanding what to expect and having the right legal representation, policyholders can navigate the EUO process with confidence. Remember, your insurance policy is a contract, and fulfilling your obligations, including participating in an EUO, is essential to protecting your rights and securing the coverage you paid for.
If you have more questions about the EUO process, contact me at rugolick@howardstallings.com or at (919) 821-7700.