Examination Under Oath (EUO) Attorneys

Do not go into an Examination Under Oath without legal counsel.

Yes — you should have an attorney with you at every Examination Under Oath. An EUO means your insurer is investigating a basis to deny or rescind your claim. Your sworn testimony can be used against you, and a single misstep can jeopardize your entire claim.

When an insurance company demands an Examination Under Oath, it means they are investigating a basis to avoid coverage. Navigating this process can be both stressful and daunting, and a single misstep can result in a denial or rescission. Do not go into an EUO without legal counsel by your side.

What an EUO Typically Involves

A sworn, recorded statement, often with a stenographer present
Document requests — receipts, photos, repair estimates, prior claims
Detailed questioning about the cause and circumstances of the loss
Questions about your finances, ownership, and claim history

Why Legal Representation Matters at an EUO

Your attorney can object to improper or overly broad questions
Preparation reduces the risk of inconsistent or misleading answers
Counsel can help gather and organize documents before the exam
A prepared witness with counsel present is a poor target for rescission

Examination Under Oath FAQs

Can I refuse to attend an Examination Under Oath?

Most policies make cooperation, including sitting for an EUO, a condition of coverage. Refusing outright can jeopardize your claim. The right approach is usually to attend prepared, with counsel, rather than to refuse.

What happens after an EUO?

The insurer typically uses the transcript, along with any documents produced, to evaluate coverage. It can take weeks or months for the insurer to make a decision following an EUO.

Related Practice Areas