An examination under oath also called an EUO, looks and feels the same as a deposition or sworn testimony taken during the course of a court case and should be approached by claimants with the same preparation and care as if their claim had already been denied and they had sued their insurance company. Insurance companies use this procedure if they suspect a claim that may be fraudulent or if they are considering disputing coverage before litigation. Insurance companies have the right to take an EUO of the physicians and patients.
At an EUO, you will be required to give sworn testimony in response to a lawyer’s questions in the presence of a court reporter, who will record every word that is said on a stenograph machine. Within a few weeks after the EUO is taken, the court reporter will transcribe their notes into a booklet form. Your attorney will receive a copy and then you will then be asked to review and check the transcription of your testimony for accuracy and to sign the EUO in front of a notary public. The booklet containing your testimony will then be sent to your insurance company and will be considered along with other investigative materials as well as the defecto attorney’s recommendation in making a decision on your claim. Your should be aware that in some instances, your insurance company may be required to provide a copy of a transcript of the EUO along with other investigative materials to police departments who may believe that a crime was committed by you.
The EUO’s are typically taken in
a conference room at the office of the insurance company’s attorney.
However, sometimes it is taken at other locations such as your attorney’s
office, at the company’s claim office or at another agreed upon site. No
judge is present or has the power to control the process.
WHY IS IT
IMPORTANT TO BE REPRESENTED BY AN EXPERIENCED EUO ATTORNEY?
Examination Under Oath EUO
There are many questions that can be
asked that may not seem important, but can render your insurance policy
void and allow for a denial of your claim. The insurance company has an
attorney, so should you. Often attorneys will question you as to your
insurance application. Many times your insurance agent fills out this
application or you simply call in and give someone your information. If
the insurer discovers that there are any “material misrepresentations” on
the insurance application they will deny the claim. Types of “material
misrepresentations” include but are not limited to misstatements as to
prior losses.
As for the medical providers it is also very
important to go to an EUO with an experienced attorney. Insurance
companies will ask doctors questions about their finances, employees,
referral sources and contracts.
HOW CAN WE HELP IF YOU HAVE BEEN
REQUESTED TO ATTEND AN EUO?
Examinations under oath are typically
done on claims that are being investigated. If you have been asked to give
an EUO, an insurance company may suspect you of committing insurance fraud
or may be seeking to deny the claim. The Law Firm of Akiva Ofshtein can
represent and help you in your EUO.
If you are facing an EUO in New
York, our attorneys offer representation that can benefit you in many
ways:
Explaining how an EUO works
Preparing you for an EUO
testimony
Preparing you for the techniques the insurance company’s
lawyer will use against you during the EUO
Representing you during the
EUO, ensuring that the other attorney asks appropriate, fair questions
If you go into an EUO unprepared, even one piece of information can be
used against you to deny your claim. Whether you have an insurance claim
dispute or a coverage dispute, it is important to go to your EUO fully
prepared.
WHY ARE EUO’S IMPORTANT?
Information obtained in
the EUO can later be used to determine the liabilities of the parties and
can be used in the litigation. Additionally, if you refuse to attend an
EUO, the insurance company has grounds to deny your claim. EUO’s are
considered a condition precedent to having any coverage at all. If you
fail to comply with the insurance company’s request for this intrusive
examination, your claim could be denied in full, because legally, you
never complied with a condition creating coverage.
WHAT IF YOU DON’T COOPERATE?
If you fail to attend an EUO, your claim will be denied. The courts
have ruled that the failure to cooperate with your insurance company will
defeat your claim for benefits for the entire length of the claim . If you
refuse to answer a question posed during an EUO, or terminate the EUO
because the questions are unfair or overly personal, then the insurance
company will likely deny the claim for failure to fully cooperate. The
insurance company can also force you to produce documents at an EUO. Some
of the documents they may ask you to produce include: tax returns;
checking and savings accounts; loan documentation; credit card statements;
utility bills; cell phone records; business income and expense records;
and invoices and receipts. Again, the insurance company can deny your
claim if they feel that you refused to cooperate by not producing the
documents they requested.
HOW CAN WE HELP IF YOU HAVE BEEN
REQUESTED TO ATTEND AN EUO?
Examinations under oath are typically
done on claims that are being investigated. If you have been asked to give
an EUO, an insurance company may suspect you of committing insurance fraud
or may be seeking to deny the claim. Mlawfirm can represent and help you
in your EUO.
If you are facing an EUO in New York, our attorneys
offer representation that can benefit you in many ways:
Explaining
how an EUO works
Preparing you for an EUO testimony
Preparing you for the techniques the insurance company’s lawyer will use
against you during the EUO
Representing you during the EUO,
ensuring that the other attorney asks appropriate, fair questions
If you go into an EUO unprepared, even one piece of information can be
used against you to deny your claim. Whether you have an insurance claim
dispute or a coverage dispute, it is important to go to your EUO fully
prepared.