An insurance examination under oath (EUO) is one of the most serious steps an insurer can take during a property insurance claim. During an EUO, the policyholder is sworn in and questioned by an attorney representing the insurance company while a court reporter records every word. A transcript is prepared afterward, and the insured must sign it. Because your testimony carries legal consequences and can determine whether your claim is approved or denied, you should never go to an EUO without an attorney.
What Is an Examination Under Oath (EUO)?
An EUO is a formal proceeding required by nearly all property insurance policies. The policy language typically states that the insured must “submit to examination under oath, as often as we require,” and courts have upheld these clauses for more than a century. During an EUO:
- You are placed under oath, meaning you swear to tell the truth.
- An attorney for the insurance company conducts the questioning.
- A court reporter records everything said.
- You later review and sign the transcript, swearing to its accuracy.
The stated purpose is to gather all relevant facts, identify missing information, and determine whether the insurer has enough documentation to accept or deny the claim.
Why Insurers Use EUOs — And How They Can Be Misused
EUOs are intended to combat insurance fraud and verify the legitimacy of claims. However, not all EUOs are conducted with clarity or fairness. Some insurance companies use EUOs to:
- Delay the claim
- Intimidate the policyholder
- Search for inconsistencies in your statements
- Create grounds for denial
Remember that the person questioning you is almost always an attorney hired by the insurance company. Their goal is to protect the insurer’s financial interests, not yours. Going into an EUO alone places you at a significant disadvantage. Having an attorney by your side is the best way to protect your rights.
Are You Required to Attend an EUO?
Yes. If your insurance company requests an EUO, you must attend. Refusing to appear or refusing to answer questions truthfully is considered a breach of contract and can lead to immediate claim denial.
Many policyholders mistakenly assume only the named insured must appear. In reality, the insurer may require EUOs from:
- Spouses and other household family members
- Business partners or managers
- Key employees
- Anyone who assisted with the claim
Failure of any required person to appear may jeopardize the entire claim.
Why You Should Never Attend an EUO Without an Attorney
An EUO is not an informal interview—it is a structured legal interrogation. Every statement you make becomes part of a sworn record that the insurer can use to deny your claim. An attorney ensures you are prepared, protected, and positioned to present the facts accurately.
Without representation, policyholders commonly:
- Give incomplete or inconsistent answers
- Misinterpret questions
- Volunteer unnecessary information
- Struggle to understand complex policy language
- Offer statements that can be taken out of context
You cannot “fix” a harmful transcript after the fact. Once signed, it becomes one of the insurer’s strongest tools to justify denial.
What Questions Can You Expect During an EUO?
EUOs often feel intrusive because insurers request information far beyond the details of the loss. Insureds may be asked about:
- Finances, tax returns, and credit card statements
- Employment and income history
- Bankruptcy or debt issues
- Prior insurance claims
- Criminal background
- Social media posts
- Phone records and communications
- Prior insurance applications
Many of these questions seem irrelevant, but insurers use them to assess credibility and search for inconsistencies. An attorney helps you navigate these sensitive topics safely and truthfully.
Can You Plead the Fifth Amendment?
Generally, no. Although everyone has a constitutional right against self-incrimination, courts have ruled that EUOs are contractual proceedings—not criminal ones. If you refuse to answer questions by invoking the Fifth Amendment, the insurer will almost certainly deny the claim for lack of cooperation.
Do You Have to Comply With Extensive Document Requests?
Insurers have broad authority to request documents during a claim, but their power is not unlimited. Some requests are appropriate; others are overreaching or irrelevant. An experienced attorney ensures you comply with legitimate requests while protecting you from unreasonable demands and preventing accidental noncompliance.
Attorneys unfamiliar with insurance law may not understand how these requests work. Getting the wrong advice can be just as harmful as having no representation at all.
How PALUMBO LAW Protects Policyholders During an EUO
At PALUMBO LAW, our attorneys and licensed adjusters work together to prepare clients for EUOs and safeguard their claims. We:
- Review the claim file and identify the insurer’s strategy
- Prepare you for likely questions
- Protect you from misleading or aggressive questioning
- Challenge improper document requests
- Ensure your answers are truthful, accurate, and complete
- Maintain fairness during the proceedings
- Help you review and sign the transcript without risking your claim
Our experience in insurance adjusting, litigation, and real-world property damage claims allows us to anticipate insurer tactics and counter them effectively.
Never Face an EUO Alone
An EUO is one of the insurance company’s most powerful tools—and one of the most dangerous moments for a policyholder. Attending without an attorney puts your claim, your credibility, and your financial recovery at risk. With proper preparation and representation, you can protect your rights and ensure your claim is evaluated fairly.
If you’ve been asked to appear for an EUO, contact PALUMBO LAW immediately. Our team is ready to guide you through the process and defend your claim from start to finish.
