If you recently filed an insurance claim, then you may have just received a request to participate in an examination under oath (“EUO”). An EUO is an interview that an insurance company’s lawyer conducts to investigate a recently filed claim. While receiving an EUO does not mean that the company will deny the insurance claim for sure, it tends to signal that the company found some issue that they would like to investigate further.
What Happens at an EUO?
An EUO is a formal process involving the insurance company’s lawyer as well as a court reporter who will transcribe everything said at the examination. The examination begins with a swearing in, making it a felony to lie under Illinois law. After that, the company’s attorney will start asking you questions. These questions will probably start out with basic questions of your or your family’s background including things like employment or criminal histories. It may then move into an examination of your finances, such as credit history or past bankruptcy filings.
Once the other side’s attorney establishes a baseline, the questions can move on to the specific event at issue in the claim. These questions can include a recounting of your story of the events and questions about your policy choices. In some instances, like fires insurance, the questions may even relate to whether you have an alibi. In this part of the process, the insurance company will look for inconsistencies with your prior recorded statement, so a consistent retelling of the facts is important.
Before the EUO, the company will do some investigation of its own surrounding the circumstances of the claim, as well as any irregularities from past claims. Consequently, you should be prepared for unexpected questions or inquiries into facts you did not know they had access to. Additionally, at the EUO the company can make you produce certain other documents to aid them in their investigation of the claim. These documents include tax returns, credit card statements, and cell phone records among other things.
Do I Need an Attorney?
While the law makes no formal rule saying that you need an attorney to participate in an EUO, having one present to represent you is advisable. The insurance company will have an attorney there, so having one of your own can help even the odds. Additionally, these examinations take place without a judge present, so an attorney on your side can help keep the company’s lawyer in check.
If you have recently received a request for an EUO, contact an experienced Des Plaines insurance dispute attorney. We serve many northwest suburban areas including Rolling Meadows, Deer Park, and Schaumburg.