When an insurance claim turns contentious, the phrase examination under oath (EUO) can sound intimidating. It’s a formal, sworn interview that insurers are often entitled to request under the policy’s “duties after loss” section, sometimes labeled Article 10 in policy booklets. This guide translates the process into plain English: what an EUO is, why insurers ask for it, which rights and responsibilities policyholders have, and how a well-handled EUO can influence settlement outcomes. For those wanting a deeper dive, see also an Examination Under Oath EU to understand how this condition typically operates in standard policies.
What an examination under oath means in insurance disputes
An examination under oath is a contractual right many insurers have to question a policyholder (and sometimes other insureds) about a claim. Unlike a casual phone interview, it’s taken under oath, recorded by a court reporter, and transcribed. Think of it as a fact-finding session that sits between an informal statement and a courtroom deposition.
Here’s what it typically looks like:
- Scheduling: The insurer sets a time and place that’s reasonably convenient. Post‑2020, many EUOs occur via videoconference if both sides agree.
- Participants: The insurer’s attorney usually conducts the questioning. The policyholder may have their own attorney or public adjuster attend. A court reporter swears in the witness and records everything said.
- Scope: Questions focus on the loss, the property or policy involved, the claimed damages, prior claims, and any documents provided.
- Transcript: A written transcript is produced. In many jurisdictions, the policyholder can review and request corrections to minor transcription errors.
Why it matters: Most property and casualty insurance policies require full cooperation during claim investigations. Refusing to appear for an EUO—or declining to answer relevant questions—can be seen as a breach of policy conditions, potentially jeopardizing coverage. Insurers, however, must also act reasonably regarding scheduling, scope, and duration to avoid claims of bad faith.
To explore how EUOs affect claim outcomes and what rights policyholders have during the process, Read more about insurance dispute representation and best practices for protecting your coverage.
Why insurers request EUOs in contested claims
Insurers use examinations under oath to test the accuracy and completeness of a claim when the facts are unclear or red flags show up in the file. Typical triggers include:
- Inconsistencies between the notice of loss, proofs of loss, and supporting documents
- Large or complex losses (fire, water intrusion, business interruption) where causation or valuation is disputed
- Suspicion of fraud or misrepresentation (e.g., unusually high claimed values or missing receipts)
- Multiple prior claims, recent policy changes, or coverage questions
- Third‑party information that conflicts with the policyholder’s account
An EUO gives the insurer a structured way to:
- Clarify timelines and events
- Explore the provenance and value of items
- Confirm compliance with policy conditions like prompt notice and mitigation
- Authenticate documents and probe gaps in the record
It isn’t inherently accusatory. In many files, a clean, consistent examination under oath actually helps move a claim forward. But the reverse is also true: contradictions, substantive omissions, or evasive answers can deepen the dispute.
Rights and responsibilities of policyholders during EUOs
Policyholders do have leverage in an examination under oath, along with real obligations.
Responsibilities
- Appear and cooperate: Most policies make EUOs a condition of coverage. Non‑appearance without good cause or persistent refusal to answer material questions may lead to denial.
- Be truthful and complete: Because the testimony is under oath, accuracy matters. “I don’t know” or “I’ll check the records” is better than guessing.
- Provide relevant documents: Policies often require production of records reasonably related to the claim (invoices, photos, bank/credit statements for proof of purchase, repair estimates, prior claims history). Relevance and scope should be proportionate to the issues.
Rights
- Reasonable scheduling and scope: The insurer’s requests should be reasonable. Marathon sessions, duplicative questioning, or remote technology hurdles can often be negotiated.
- Representation: They may bring an attorney. Counsel can object to improper questions, protect privileged communications, and help keep the examination within bounds. A public adjuster may also attend, subject to local rules.
- Privilege and privacy: Policyholders don’t waive attorney–client or spousal privileges. Sensitive financial records can sometimes be redacted to show relevant entries without oversharing.
- Transcript access and corrections: They can typically request a copy of the transcript and note minor errata. Deadlines may apply.
A note on policy language: Many policies list this duty under “Duties After Loss,” occasionally captioned as Article 10. That section also includes timely notice, documentation, and cooperation, all of which interact with the EUO requirement.
Common questions insurers ask in sworn examinations
The exact questions depend on the loss type, but patterns are consistent. Being ready with facts and documents keeps answers crisp.
Identity, policy, and background
- Confirming identity, address history, named insureds, and other residents or business principals
- Prior claims, losses, and insurance carriers
- Purchase history of the property or items, renovations, and security or maintenance practices
Timeline and cause of loss
- When and how the damage occurred, who discovered it, and immediate steps taken
- Weather, contractors, or third parties involved
- Any police or fire reports, and results of inspections or remediation
Claim details and valuation
- Itemized contents and their age, condition, and purchase price
- Photos, receipts, bank/credit statements, appraisals, or serial numbers
- Repair estimates, bids, mitigation invoices, and who paid what, when
Policy compliance
- Prompt notice, temporary repairs, and efforts to prevent further damage
- Access to the site for inspection, preservation of evidence
- Explanations for any gaps or delays in document production
Preparation tip: They should assemble a simple timeline, label folders for key categories (proof of ownership, estimates, mitigation, communications), and avoid speculation. If they don’t know, they can say so and commit to follow up with documents.
Legal support in preparing for examination under oath
Even savvy claimants benefit from guidance before an EUO. A brief consult can prevent avoidable missteps and reduce anxiety.
How counsel helps
- Policy analysis: Pinpoints what the insurer can reasonably request under the policy’s conditions (often the Article 10 “duties after loss” provisions) and applicable state law.
- Scope and logistics: Negotiates dates, duration, format (in‑person vs. remote), and document limits: asks for clarity on topics to streamline prep.
- Mock Q&A: Rehearses clear, accurate answers and flags areas to verify with records.
- Privilege and objections: Protects attorney–client communications and steers away from clearly irrelevant or harassing questions.
Other support roles
- Public adjusters can organize inventories, valuations, and repair estimates and may attend the EUO to assist with details.
- Forensic accountants or contractors can help substantiate loss amounts in business interruption or complex property claims.
Cost versus value: A few hours of targeted prep often pays for itself in fewer follow‑ups, fewer contradictions, and a better documented claim file. This section is for general information and isn’t legal advice: specifics vary by jurisdiction.