What is EUO?

An examination under oath (EUO) is a formal, recorded question-and-answer session conducted under oath as part of an insurance investigation. The insurer may later compare your answers with documents, earlier statements, and testimony in a lawsuit. The two materials emphasize preparation, honesty, cooperation, and careful answers.

The exact requirements depend on the policy and applicable law. These are general preparation guidelines.

Do

• Read the EUO request and your policy. Check who must attend, what documents are requested, and any deadlines. Ask a lawyer to explain unclear or unusually broad requests.
• Respond promptly. If the proposed date does not work, ask in writing for another reasonable date. Keep a copy of your request and the insurer’s response.
• Ask a lawyer about representation. Counsel can help you understand the policy, prepare for likely topics, and advise you during the examination.
• Gather and review relevant records. Organize materials such as estimates, receipts, bills, photographs, repair records, and communications. Review documents you have already provided so you can answer questions about them accurately.
• Prepare a timeline. Refresh your memory about what happened, when you learned of the loss, who you spoke with, and what you did afterward. Preparation should help you recall facts, not supply answers.
• Be courteous and professional. The examination is stressful, but the record can reflect your words and demeanor.

Don’t

• Don’t ignore the request or simply fail to appear. The insurer may treat nonattendance or failure to cooperate as a policy issue. If you need to reschedule, communicate promptly and in writing.
• Don’t assume every document request is proper or improper. Ask counsel to assess requests that seem unrelated, excessive, or burdensome; don’t silently disregard them.
• Don’t rehearse a scripted story. Aim to give truthful answers in your own words, including facts that may not help your claim.
• Don’t guess about what the insurer is investigating. The request may be part of the insurer’s investigation and does not by itself establish that you did anything wrong.

During the EUO

Do

• Tell the truth. Your answers are under oath. Be accurate even when the answer is inconvenient.
• Listen to the whole question. Pause, think, and answer only what was asked. If you do not understand, ask for the question to be repeated or clarified.
• Say when you don’t know or don’t remember. If you can give only an estimate, identify it clearly as an estimate and explain what it is based on.
• Read a document before answering questions about it. Take enough time to review it and make sure you understand what you are being shown.
• Correct a mistaken premise. If a question assumes something that is not accurate, explain the problem before answering.
• Stay calm and ask for a break if needed. A short pause can help you listen and respond carefully.

Don’t

• Don’t speculate, fill gaps, or make a memory sound more certain than it is. A careful “I don’t recall” is better than a confident guess.
• Don’t exaggerate or minimize. Describe what you personally saw, heard, did, or remember.
• Don’t adopt the questioner’s wording if it is inaccurate. Explain your answer in your own words.
• Don’t argue, volunteer unrelated details, or try to outguess the insurer. Keep your answers complete but focused.
• Don’t conceal, alter, or destroy relevant records. If you cannot locate a requested item, say so truthfully and explain what you did to look for it.
• Don’t rely on your lawyer to object to every question or answer for you. Ask counsel for guidance when a question raises a concern, but blanket objections or refusal to answer can create a dispute about cooperation.

After the EUO

• Ask counsel about reviewing the transcript or recording and how to handle any proposed corrections. Procedures and deadlines can vary.
• Keep your notes and related documents. Write down any follow-up requests or commitments while they are fresh.
• Provide agreed follow-up materials promptly or explain in writing why you cannot provide them.