News & Resources

What is an Examination Under Oath?
December 17, 2019

By Colton P. Gross, Esq.

Most property owners that have homeowner insurance have never heard the term “examination under oath." If you are reading this article it is probably because an insurance adjuster, or attorney representing your insurance company, has asked you to sit down for an examination under oath (“EUO”). If you are unlucky enough to have been in a lawsuit and had to participate in a deposition then you have been through a similar process, because an EUO is about the same as having your deposition taken. If you have no litigation experience you may have no clue as to what an EUO is like. Regardless of which category you are in, here are some thoughts we have on this topic based on our experiences over the years in dealing with EUOs while representing homeowners and businessowners.

Almost all insurance policies require that you attend and partake in the EUO if the insurance company requests it. Usually an attorney for your insurance company will contact you to set up the examination, and will probably ask that you produce all sorts of personal information before the examination happens. The insurance company will want lots and lots of documents, everything from tax returns to phone records to credit card statements. The insurance company is doing this because they are suspicious about your claim. The suspicion might relate to the cause of the fire (perhaps they think you started it) or the suspicion might be regarding whether you lost less in the fire than you are claiming (this is another type of insurance fraud). If the insurance company can establish a reason to deny your claim, it will do so; therefore, the EUO is very serious business.

After the insurance company has received and reviewed the materials you provided the EUO will actually happen. Here are some other things to keep in mind about EUOs:

1. You will likely be required to sit through this examination before your carrier will make any additional payments on your claim. It is a requirement of most policies that you attend and reasonably cooperate at the examination.
2. The examination will be recorded (and perhaps videotaped). A court reporter will be present.
3. When the event is finished you have a right to a copy of the transcript that is generated as a result of the EUO.

The scope of the questions asked at an EUO tends to be broad, and without proper preparation, can be overreaching. Determining what questions are relevant and reasonable is largely dependent upon the individual circumstances of your loss. You can expect that the attorney for the insurance company will prepare a very thorough line of questions for some matters you may consider personal and private. Again, you are likely required by your policy to sit for a complete examination under oath and to comply with a reasonable investigation. What is reasonable and unreasonable depends on the circumstances of each case.

Many property owners prepare for the EUO by focusing on the details of the actual loss (such as the things that happened on the night or day of the loss), thinking this is the only matter up for discussion. Unfortunately, discussion of the actual loss event is not the only talking point for the insurance company’s attorney. There may be questions about prior losses you suffered, other claims of many types, your criminal history, your medical history, the identity and location of friends and family members, and your financial condition in the past, at the time of the fire or loss, and thereafter. In short, the EUO will make you feel like you are baring your soul and in many ways that is precisely what you are doing. Remember, the insurance company runs a business, and does not want to pay out money on claims unless it is obligated to do so. If there is a reason it can use to refuse to pay your claim, the insurance company wants to find it. It can be an exhausting and frightening process.

All of this is to say that the EUO is part of a process can be confusing and overwhelming. Insurance companies have powerful attorneys working to further their best interests and your average person is not an expert in insurance law. The EUO is a tool that the insurance industry uses to their advantage. You must keep in mind the fact that your responses matter, and might control the outcome of your claim. Take the time to discuss your examination under oath and what to expect with one of our attorneys at Irwin & Morris today.

Staying Calm and Prepared After a Fire
May 21, 2019

By Colton P. Gross, Esq.

It is not surprising that most people don’t spring to action in an organized and methodical fashion after having just watched their home or property burn. The moments and days following a fire loss are chaotic and emotionally difficult. After a fire many homes will be uninhabitable, and you as the homeowner will turn to your insurance carrier seeking assistance. We as insurance claims litigators know that not every homeowner has the same experience when dealing with their insurance company. Oftentimes, dealing with an insurance company can quickly begin to feel like an investigation, not only into the circumstances surrounding the fire, but your life and private affairs. For obvious reasons, this can quickly compound an already stressful situation. We recommend homeowners that experience property damage stay collected and do the following three things:

1. Do not be intimidated by the insurance company or its agents.
   You’ve faithfully paid your premium for years and now after reporting a loss at your property you and your family are under the microscope. The State Fire Marshal may be the investigative arm of the State throughout the process and their pending investigation can involve questioning of you, your family members, other household members, and neighbors just to name a few. Further, the insurance company may involve private investigators of their own. Your policy likely requires you to cooperate with a reasonable investigation – discuss what this may or may not entail with one of our experienced fire loss attorneys today.
2. Try to be descriptive about the extent and nature of the property damage.
   The average homeowner is not a contractor and will struggle to adequately describe the specific damage to their home and that is okay. Try to focus the scope of the damage. If you think that the entire home is a loss because of fire, smoke, or water damage – say so. Additionally, be sure to discuss the personal property and contents that were damaged. It is important that you and your household members begin compiling lists of damaged property as soon as you can. Your collective memories will be freshest at this point and you as the homeowner(s) are solely responsible for coming up with this list of contents. We often recommend that family members begin gathering photos of the home and the personal property that was in the home at the time of the loss.
3. Call one of our attorneys to discuss how they can assist you throughout the claims process.
   The insurance claims process can be confusing. It is likely the first time you have even thought about reading your policy from start to finish. In fact, most people aren’t even given a copy of their full policy unless they ask for it. Discussing the process with an experienced insurance claims litigator can help calm your nerves at the outset. We offer free initial consultations and will gladly discuss how we can help you throughout the entire claims process.