Examination Under Oath

An examination under oath is a contractual investigative tool, not a discovery device. Most first-party policies include a condition requiring the insured to submit to an EUO, produce documents, and answer questions under oath before suit.

It differs from a deposition in that it occurs pre-litigation, the insured's counsel has a limited role, and there is no opposing party to cross-examine.

Alternative Names:

EUO, Sworn Statement Under Oath

Why it Matters?

The EUO is the primary mechanism for testing suspicious first-party claims and for locking in the insured's account before litigation. Refusal to appear or to produce requested documents is a breach of a policy condition and, in most states, an independent basis for denial regardless of the claim's underlying merit.

Frequently Confused with

Deposition

Recorded Statement

Proof of Loss

Related terms

Recorded Statement

Proof of Loss

Claim Investigation

Claims Handling

Policy Condition

Misrepresentation in Application

Rescission of Policy

First-Party Bad Faith

Frequently asked questions

How is an EUO different from a deposition?

An EUO is a pre-suit policy condition conducted by the insurer under the contract. A deposition is a discovery device in pending litigation governed by the civil rules, with full participation by opposing counsel.

What happens if an insured refuses to attend an EUO?

In most states the refusal breaches a condition precedent and permits denial of the claim, independent of whether the loss would otherwise have been covered.