Tennessee Insurance Litigation Blog

Tennessee Insurance Litigation Blog

Legal insights on insurance litigation in the State of Tennessee

The Policyholder’s Perspective from
Brandon McWherter
of Gilbert Russell McWherter Scott Bobbitt PLC
J. Brandon McWherter is a partner at Gilbert Russell McWherter Scott Bobbitt PLC, which has four Tennessee offices in Memphis, Jackson, Nashville, and Chattanooga. Read More
The Insurance Company’s Perspective from
Parks T. Chastain
of Brewer, Krause, Brooks & Chastain, PLLC
Parks T. Chastain, a member in the Nashville, Tennessee law firm of Brewer, Krause, Brooks, Chastain & Burrow, PLLC, focuses on the representation of insurers. Read More

Category Archives: Examinations Under Oath

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What is an Examination Under Oath?

Posted in Examinations Under Oath
If you’re reading this blog, chances are you (or someone you represent) has been requested to submit to an examination under oath by your insurance company’s attorney.  This process can be intimidating and confusing.  I field a lot of questions from insureds, public insurance adjusters, and attorneys about examinations under oath (“EUOs”).  As a general… Continue Reading

Sixth Circuit Rules that Insurer Need Not Disclose its Investigation Prior to an Examination Under Oath

Posted in Examinations Under Oath
The Sixth Circuit Court of Appeals (federal court system) has ruled that an insurance carrier need not provide an insured with any of its investigation prior to the taking of an examination under oath.  Many times, the insureds or their counsel, will request certain documentation from the file before the examination under oath is taken. … Continue Reading

Is Prejudice Required to Avoid Recovery for Failure to Submit to an Examination Under Oath?

Posted in Examinations Under Oath
 Back in 2009, Parks wrote about the Spears v. TFMIC case and correctly cited it for the proposition that an insured must submit to an examination under oath upon request, and that a failure to do so can bar recovery on an insurance claim.  Notably absent from the Spears opinion was any requirement of prejudice in… Continue Reading

Examinations under Oath and Recorded Statements – Are They the Same Thing?

Posted in Examinations Under Oath
"Examinations under oath" and "recorded statements" are not the same thing.  A recorded statement is usually taken within a few hours or days after the loss, and is typically taken by an adjuster.  The questions asked are usually standard in nature, often asked verbatim from a written form, and the whole process customarily takes only… Continue Reading

What is an Examination Under Oath?

Posted in Examinations Under Oath
What is an Examination Under Oath?             The number one trigger that drives clients to my office is that dreaded letter from some fancy law firm, usually with lots of names at the top of the letterhead, that directs the insured to show up at a designated time and place for an “examination under oath.”  … Continue Reading