Insurance Defense and Coverage
Claims Handling
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
Related terms
Frequently asked questions
How is an EUO different from a deposition?
What happens if an insured refuses to attend an EUO?
