An insurance claim involving a rental property can raise questions that do not typically arise with an owner-occupied home. When an insurance company wants sworn answers about the property, the loss, the claim, or supporting documentation, it may request an Examination Under Oath.
We represent Michigan landlords and rental property owners facing Examination Under Oath demands related to property insurance claims. We help our clients understand the insurer’s request, review the policy and claim information, prepare for questioning, address relevant document requests, and have their own attorney present during the examination.
An Examination Under Oath, commonly called an EUO, is a formal part of an insurance company’s claim investigation. The policyholder answers questions under oath, typically from an attorney representing the insurer, while a court reporter records the testimony. The resulting transcript becomes part of the claim file and can be considered when the insurer makes its coverage decision.
Attorney Henri O. Harmon has approximately 20 years of litigation experience, including property insurance coverage disputes and complex commercial litigation. We use that experience to prepare rental property owners for an EUO before they provide sworn testimony that can affect their insurance claim.
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Why Would an Insurer Request an EUO for a Rental Property Claim?
Insurance companies use Examinations Under Oath to obtain information they consider relevant to a property insurance investigation.
An EUO request does not automatically mean the insurer has concluded that something is wrong with the claim. It does indicate that the company wants additional information before completing its investigation.
In a landlord insurance claim, that investigation may involve the circumstances of the loss, the condition of the rental property, the nature and extent of the claimed damage, ownership information, repair estimates, prior insurance claims, or documentation submitted in support of the loss.
Rental properties can also generate questions about how the property was being used when the loss occurred.
The exact reason for the examination depends on the individual claim. We examine the insurer’s demand and the available claim information to identify the issues likely to matter during questioning.
Landlord Insurance EUOs Can Focus on How the Property Was Used
One issue that can distinguish a landlord insurance EUO from an ordinary homeowners claim is the use of the insured property.
A rental property is not necessarily being used in the same manner as a policyholder’s primary residence. During an insurance investigation, questions can arise about occupancy and the circumstances surrounding the property at the time of the claimed loss.
The insurer’s attorney may ask the landlord questions about the property, its condition, and its use. The relevance of those questions depends on the policy and the facts of the claim.
Policyholders should answer questions truthfully based on what they actually know. They should also understand what information has previously been provided to the insurer so that they are not encountering their own claim file for the first time while testifying under oath.
We review these issues with our clients before the EUO takes place.
What Can an Insurance Company Ask a Landlord During an EUO?
There is no universal list of questions that applies to every landlord insurance Examination Under Oath.
The insurer’s attorney will typically develop questions based on the specific property, claimed loss, insurance policy, documents, and information collected during the investigation.
Several subjects may become relevant.
The Rental Property
The policyholder may be asked about ownership of the property, its condition before the loss, repairs or improvements, and how the property was being used.
Questions may also address what the landlord knew about the property’s condition before and after the reported damage.
The Cause and Timing of the Loss
The insurer may seek a detailed account of what happened.
Questions can include when the loss occurred, when the landlord learned about it, what damage was discovered, and what happened after the loss was reported.
A landlord may not personally witness every event that occurs at a rental property. When that is the case, it is important to distinguish between facts the policyholder personally knows and information learned from someone else.
The Amount of the Property Damage
Repair estimates and the amount being claimed can become significant areas of questioning.
If estimates have been submitted to the insurance company, the insurer’s attorney may ask how they were obtained, what work they cover, whether repairs have begun, and what other documentation supports the claimed damage.
Previous Insurance Claims
The insurer may ask about prior claims involving the property or the policyholder.
Previous claims can become relevant to an insurer’s investigation, particularly when they involve the same property or similar damage.
Documents Submitted With the Claim
Photographs, repair estimates, ownership records, prior insurance information, and other claim documents may become subjects of the examination.
The insurance company’s attorney may ask the landlord to explain information contained in those materials or compare the testimony with information already in the claim file.
Document Requests in a Landlord Insurance EUO
An EUO demand may be accompanied by a request for documents.
The documents sought will depend on the particular investigation. The insurer may request records relating to the property, ownership, repairs, estimates, photographs, prior insurance history, or other matters relevant to the claim.
These requests deserve careful attention.
Property owners should not ignore document demands, but they should also understand what the policy requires and what the insurer is requesting before producing records.
We review the demand with our clients and help identify relevant documentation. We also prepare clients for questions concerning records that may be discussed during the examination.
Document review is especially important because the insurer’s attorney may already have those records available when questioning begins.
EUOs Involving Fire, Water, and Storm Damage to Rental Property
An Examination Under Oath can arise from different types of property losses.
Our EUO representation includes claims involving fire damage, water damage, storm damage, and other property losses addressed by the applicable insurance policy.
The type of loss can shape the examination.
A significant fire claim, for example, may generate extensive questions about the condition of the building, the chronology of events, repair costs, and other information gathered during the investigation. A water or storm damage claim may involve different questions about when damage appeared, what portions of the building were affected, and what repairs are necessary.
Coverage ultimately depends on the applicable policy and facts. We do not assume that a loss is covered simply because damage occurred. We review the individual claim and prepare our client for the insurer’s investigation based on the information available.
Does a Landlord Have to Attend an Examination Under Oath?
Property insurance policies commonly contain cooperation provisions that establish duties following a loss. Those provisions may require the policyholder to submit to an Examination Under Oath when requested by the insurer.
Failing to cooperate with an EUO demand can jeopardize insurance coverage.
For that reason, landlords should not disregard the request, miss a scheduled examination without addressing it, or assume that participation is voluntary.
At the same time, receiving a demand does not mean a property owner has to walk into the examination without understanding what will happen.
We review the relevant policy language and EUO request so our clients know what the insurance company is requiring and can respond appropriately.
Preparing for a Landlord Insurance Examination Under Oath
Good preparation is based on the actual claim.
We begin by reviewing the EUO letter, available insurance policy, claim history, communications with the insurer, and relevant documents. That allows us to understand what has already occurred during the claim and what subjects may become important during testimony.
We then prepare our client for the mechanics of the examination and likely areas of questioning.
Preparation does not mean rehearsing predetermined answers. The policyholder must testify truthfully.
Instead, preparation helps the client understand the claim file, refresh their recollection where appropriate, recognize the difference between personal knowledge and assumptions, and answer the questions being asked accurately.
That is particularly useful for rental property owners who may rely on tenants, contractors, property managers, or others for information concerning what happened at the property.
Should My Property Manager or Tenant Attend My EUO?
An EUO demand is directed to the person or entity identified by the insurer, and the appropriate participants depend on the particular policy and request.
A landlord should not assume that a tenant, property manager, contractor, or other person can appear in place of the policyholder simply because that individual knows more about certain events.
If the demand creates questions about who must appear or what information must be provided, we review the request and applicable policy before advising our client how to respond.
Likewise, a landlord should not guess about events witnessed by another person. Sworn testimony should accurately reflect what the policyholder personally knows.
What Does an Attorney Do During a Landlord Insurance EUO?
The lawyer conducting the EUO represents the insurance company.
We represent the policyholder.
Attorney Henri O. Harmon can prepare the property owner before the examination and attend the EUO with the client. During the examination, he can address improper questions, protect the client’s interests, and preserve the record.
Having counsel present does not allow a policyholder to avoid appropriate questions or provide anything other than truthful testimony. It ensures that the landlord has legal representation during a formal examination being conducted on behalf of the insurance company.
Our involvement also allows us to understand the claim before the questioning begins rather than becoming involved only after an insurer makes an unfavorable decision.
What Happens After a Landlord Insurance EUO?
Completing the Examination Under Oath does not necessarily end the insurance investigation.
The insurer can review the transcript together with the other materials in its claim file. It may request additional information or proceed toward a coverage decision.
Depending on the policy, facts, and investigation, the insurer may pay the claim, continue investigating, delay its decision, dispute coverage, or deny the claim.
The testimony provided during the EUO remains part of the claim file. If a coverage dispute later develops into litigation, the policyholder’s sworn answers may become relevant.
Once that testimony has been given, it cannot simply be taken back and redone because a policyholder later decides legal representation would have been helpful.
That is why we encourage rental property owners to seek advice when the EUO is requested, not only after a claim has been denied.
Why Choose Henri O. Harmon for a Michigan Landlord Insurance EUO?
Attorney Henri O. Harmon has approximately 20 years of litigation experience. His practice includes property insurance coverage, Examinations Under Oath, breach of contract, business disputes, and other complex matters.
Mr. Harmon graduated cum laude from Michigan State University College of Law and completed the Trial Practice Institute. His career began at a large corporate defense firm in Detroit, where he litigated high-stakes business disputes.
He has litigated in state and federal courts across Michigan, Texas, New York, Colorado, Illinois, and California and is a member of the Multi-Million Dollar Advocate Forum.
We apply that litigation experience to the EUO process. Our clients work directly with Mr. Harmon, and we treat sworn testimony as a significant part of the insurance claim rather than a routine administrative requirement.
Free Consultation for Michigan Landlords Facing an EUO
If your insurance company has requested an Examination Under Oath concerning a rental property claim, the best time to understand the process is before you testify.
We represent policyholders throughout Michigan from our office in Southfield, Michigan.
We offer free, confidential consultations for policyholders facing EUO demands. We can review the EUO letter, discuss the rental property claim, explain what the insurer is requesting, and help you prepare for the examination.
Contact us today to schedule your free confidential EUO consultation with Attorney Henri O. Harmon.
