Insurance Dispute Resolution | Blog

What Is an EUO?

Written by Megan Simonsen | Nov 22, 2022 2:00:00 PM

What is an EUO? An EUO may be required if an insurance company disputes your claim. If you've been asked to participate, it's important to be prepared. Here's what you need to know about an EUO, what the process involves, and where you can get help. 

What is an EUO?

An Examination Under Oath (EUO) is a formal procedure that an insurance company can request before processing a claim. It serves multiple purposes, but commonly functions to help insurance companies gather more information about a claim, prevent fraud, or allow the insured party to prove their losses.

What Happens in an EUO?

During an EUO, you (the claimant or insured) will be sworn under oath, meaning you will legally swear to speak truthfully. A representative of your insurance company, usually a lawyer, will ask you a series of questions about your claim. All questions and your answers are recorded by a court reporter. 

An EUO can last for several hours. Your insurance company wants to secure all relevant facts, and you want to ensure you’ve been given every opportunity to properly document the specifics of your claim. Preparing yourself ahead of time as well as working with an attorney during the preparation is crucial. 

Do I Have to Attend an EUO?

If you are summoned to an EUO, it’s important to attend. Not attending can result in your insurer denying your claim. 

However, there are exceptions. If an EUO occurs, but you were unaware it was scheduled, there are a few valid reasons to justify your lack of attendance.

  • The manner in which your notice was given
  • The timing of your EUO appointment
  • Inability to have an attorney present

If you believe an EUO was unfairly requested or took place at a time or location that was not convenient, you can get help by talking to an attorney.

Can My Attorney Help Me in My EUO?

Yes, an attorney can help you before, during, and after your EUO. However, it is important to understand what exactly they can and can’t do throughout the process.

Before the EUO

Your attorney can walk you through the EUO process, answer your questions, and help you prepare responses to questions you're likely to be asked.

During the EUO

Similar to a deposition, your attorney can attend the EUO. However, unlike a deposition, your attorney cannot interact or object to questions. They may only step in if questioning becomes inappropriate or overly personal. 

After the EUO

If your insurance claim is denied or underpaid after the EUO, your attorney can help you create a plan of action for rebuttal. If necessary, they can support you in filing a lawsuit and demanding the damages you are owed.

Are EUOs Common?

The frequency of EUOs varies by insurance company because they can be expensive. Some insurers rarely request them, while others require an EUO for every case where they deny coverage. Some companies use EUOs as an intimidation tactic to delay or challenge your case unfairly, which is another reason why it’s so important to work with a lawyer if you're summoned.

Requested at an EUO? Contact The Lane Law Firm for Help.

If you're having trouble with an insurance claim and your insurer is requesting an EUO, The Lane Law Firm can help. Our experienced insurance dispute resolution attorneys are ready to guide you through the process. Contact us today.