examination under oath News

Viewpoint: Insurer Not Prejudiced Despite 4 Requests for Examination Under Oath

A claimant’s refusal to respond to four requests by her insurer to sit for an examination under oath was not enough to persuade a federal judge in Louisiana that she had forfeited coverage. After two hurricanes, plaintiff Diana Stevens-Reynolds sought …

Appeals Court Blasts Insurer’s Conduct in Denying Claim Over Insured’s Conduct

Philadelphia Indemnity Insurance Co. is not entitled to the summary judgment it was granted by a federal district court in a building fire case in which it claimed the insured was not cooperative in accommodating its requests for examinations under …

1st Circuit Reverses Denial of Claim Based on Policyholder’s Lack of Cooperation

A policyholder whose representative was unable to answer all of an insurer’s questions and whose lawyer argued that the company’s continued requests for information were unreasonable did not provide an insurer with a basis for denying its claim, a panel …

8th Circuit: Failure to Cooperate Doomed Church’s Storm Damage Claim

A church that refused to submit a proof of loss or agree to make a representative available for an examination under oath can’t expect its insurer to pay a $2 million storm damage claim. A panel of the 8th Circuit …

Progressive Not Liable for Medical Bills if Insured Refused to Cooperate

Auto insurer Progressive Insurance is not responsible for a hospital bill incurred by a Massachusetts insured who refused to cooperate with its efforts to investigate the accident claim that led to the medical expenses. Mount Auburn Hospital claimed that Progressive …

Ringleader Pleads Guilty in Arson, Insurance Fraud Scheme

A Kansas City-area man has pleaded guilty to an arson and insurance fraud scheme that allegedly destroyed three houses from 2013 to 2019. Wandale J. Fulton, 40, was accused of conspiring with six others to buy houses, create fake lease …

Do Insurers Have to Disclose Their Investigative File Before an EUO?

Does the insurance policy’s implied covenant of good faith and fair dealing require the insurer to show its insured the insurance company’s investigative file before requiring the insured to submit to an examination under oath? This question was recently answered …

Compliance with the Examination Under Oath Request: A Must or a Maybe?

For decades, if an insured did not comply with an insurer’s request for an examination under oath (“EUO”), the insurer was entitled to summary judgment finding that there was no coverage for the claim. In 2012, however, in Whistler’s Park, …

Commentary: The Hidden Trap Lawyers Are Setting with Med Pay Policies You Must Know

Stop a crafty lawyer from setting this trap on you and your insurance company using the most powerful tool you have–the examination under oath. There is a growing trend with med pay policies. Lawyers are setting a trap. They are …

How to Effectively Use Examinations Under Oath

An examination under oath is one of the most useful tools available to insurers and when done right, can also be a help to insureds. An examination under oath (EUO) is a formal proceeding during which an insured, under oath …