Most insurance policies provide that an insurance company maintains the right to take an “Examination Under Oath” or EUO of its insured(s) as a pre-condition to extending coverage. The Examinations Under Oath are handled by Insurance company attorneys and can serve as the basis for denying insurance claims if damaging testimony or documents are obtained. Many times the Examination Under Oath will provide a request for a production of documents to occur simultaneously during the Examination Under Oath. The Examination Under Oath typically takes several hours and can be very intensive. These proceedings are very similar to depositions and are typically taken in the presence of a Court Reporter who will then maintain a written transcript of the proceeding for future use.
The Florida Courts have determined that the policy conditions requiring an Insured to submit to an Examination Under Oath are material and that the failure to submit to an examination under oath would constitute a willful and material breach of the policy. Goldman v. State Farm Fire Ins. Co. 660 so.2d 300 (Fla. 4th DCA 1995). Even though you may have already provided documentation to support your loss and or even a recorded statement, your insurance carrier, through your policy of insurance has the right to demand that you submit to an Examination Under Oath.
The format or the substance of the questions will depend on the type of case. Nonetheless, make no mistake, the entire purpose of your carrier paying counsel to perform and Examination Under Oath is to determine whether any policy conditions exist that could limit or cut off the available insurance benefits for your loss. If your insurance company has requested that you submit to an Examination Under Oath in Florida, it is critical that you retain an experienced counsel to attend the Examination Under Oath and to assist you in preparing for the Examination Under Oath. The testimony that is provided during the Examination Under Oath will undoubtedly be used in a further proceedings and mistakes during the process can severely limit your potential to recover if litigation arises out of the insurance claim.
Our office handles a wide range of insurance disputes throughout the state of Florida. If you have received a request for an Examination Under Oath, give us a call or contact us here to learn more about the process and your rights as a policy holder for your loss.