When you file an insurance claim, your insurance company will almost always request a significant amount of information from you. Depending on the type of loss you have suffered, this type of information can typically include an estimate of your damages, an inventory if you had business or personal property coverage, and a litany of
Examinations Under Oath
What is an Examination Under Oath?
By Brandon McWherter on
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…
Sixth Circuit Rules that Insurer Need Not Disclose its Investigation Prior to an Examination Under Oath
By Parks Chastain on
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 …
Is Prejudice Required to Avoid Recovery for Failure to Submit to an Examination Under Oath?
By Brandon McWherter on
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…
Examinations under Oath and Recorded Statements – Are They the Same Thing?
By Brandon McWherter on
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…
What is an Examination Under Oath?
By Brandon McWherter on
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.” …