Examination Under Oath Sample Questions: What to Expect in Michigan

Why the Questions Matter

An examination under oath is designed to develop facts while the insurer is investigating a claim. Because the testimony is sworn and may later be compared with documents, prior statements, photographs, or other evidence, preparation matters even when the claim is legitimate.

The goal is not to memorize answers. It is to understand the subjects that may come up, review the records that accurately refresh your memory, and be ready to answer clearly without guessing. If you do not know an answer or do not remember a detail, saying so truthfully is better than supplying an estimate simply because the question feels as though it requires one.

Background and Policy Questions

EUOs often begin with basic information that establishes who the witness is and how the witness relates to the policy and the claimed loss. Questions may include:

• Please state your full name and current address.
• Who lives at the insured residence, or who uses the insured property?
• What is your relationship to the home, vehicle, business, or property involved in the claim?
• When did you obtain the policy?
• Who purchased or paid for the insurance coverage?
• Were there any recent changes in ownership, occupancy, use, or coverage before the loss?
• Who else may have information about the loss or the claimed property?

Questions About the Loss Timeline

The chronology of the loss is usually central. The examiner may ask the same event from more than one angle to understand what happened before, during, and after the loss. Examples include:

• When did you first discover the loss or damage?
• Where were you when you learned about it?
• Who was present before or after the event?
• What did you observe first?
• What steps did you take immediately afterward?
• When did you notify the insurer, police, fire department, contractor, landlord, or another relevant person?
• Did you take photographs or video, and if so, when?
• What repairs, cleanup, or emergency measures occurred before the insurer inspected the property?

Questions About Ownership, Condition, and Value

If the claim includes damaged, destroyed, or stolen property, expect questions about what was owned, its condition, and how the claimed value was determined. Examples include:

• When and where did you obtain the item?
• Who purchased it and how was it paid for?
• Do you have a receipt, invoice, photograph, appraisal, bank record, or other proof of ownership?
• How old was the item at the time of the loss?
• What condition was it in immediately before the loss?
• How did you determine the amount listed on the inventory or proof of loss?
• Was the property used personally, rented, stored elsewhere, or used for business purposes?

Questions About Documents and Prior Statements

The insurer may ask about documents already submitted with the claim and statements you previously made to an adjuster, investigator, contractor, police officer, or other person. You may be asked to explain who prepared a document, where a number came from, or why two records appear different.

Common documents used during questioning include the proof of loss, contents inventory, estimates, photographs, receipts, invoices, repair records, prior recorded statements, emails, text messages, or other claim correspondence. Reviewing what you actually submitted before the EUO can prevent avoidable confusion.

Financial Questions: When They May Come Up

Financial questions are not automatically appropriate in every EUO, but they can arise in some claims. Depending on the loss and the issues under investigation, the insurer may ask about financing, liens, purchase history, business records, or other financial information that bears on ownership, value, occupancy, or a coverage issue.

Examples might include who paid for claimed property, whether a mortgage or lien existed, whether a business owned the item, or whether records support the claimed amount. In some investigations, an insurer may request broader financial material. The proper scope of that request is fact-specific and should be evaluated against the policy and the reason the insurer gives for seeking it.

Questions About Prior Claims or Insurance History

Prior claims may be discussed when the insurer considers them relevant to the current investigation. The examiner may ask whether you previously made a similar claim, what property was involved, whether the same item was claimed before, or how a prior loss was resolved.

There is no universal “five-year” or “ten-year” rule for EUO questioning. The relevant period depends on the policy, the request, and the issue being investigated. If you do not remember an older claim, do not guess. State what you remember and identify records that may provide a more precise answer.

Claim-Specific Questions

The examination should also reflect the kind of claim involved. A fire-loss EUO may focus on the condition and use of the property, the events leading up to the fire, and the contents claimed. A theft claim may focus on ownership, last known location, access to the property, police reporting, and proof of purchase. A water-loss claim may focus on when the leak began, prior leaks or repairs, mitigation, and what areas were damaged.

The point is not that every policyholder will be asked every question. It is that the insurer will usually build the examination around the facts it believes it needs to evaluate coverage and the amount of the claim.

How Follow-Up Questions Work

Follow-up questions often come from the answer you just gave. If you say you bought an item several years ago, the examiner may ask where, how you paid, whether a receipt exists, and whether any photographs show the item before the loss. If you identify another person with relevant knowledge, the examiner may ask what that person saw or did.

This is one reason concise, accurate answers matter. Do not add speculation merely to fill silence. At the same time, do not omit information needed to make a truthful answer complete. Listen to the full question, ask for clarification if you do not understand it, and distinguish what you personally know from what someone else told you.

How to Answer EUO Questions

The most useful preparation rules are straightforward:

• Tell the truth, even when the answer is inconvenient or incomplete.
• Listen to the entire question before answering.
• Do not guess at a date, amount, conversation, or document you do not remember.
• Ask the examiner to repeat or rephrase a question you do not understand.
• Use documents to refresh your recollection when appropriate, but do not pretend to remember more than you do.
• Correct a misunderstanding promptly if you realize the examiner has taken your answer differently from what you meant.
• If counsel raises a legal issue, pause and obtain advice before continuing.

The Role of an Attorney in Preparing for the Questions

An attorney can review the EUO demand, policy language, document requests, prior statements, and claim file before the examination. That preparation helps identify subjects that are likely to require careful factual review and legal issues that should be addressed before testimony begins.

Counsel can also conduct a preparation session using realistic questions. The purpose is to make sure the policyholder understands the process, can separate remembered facts from assumptions, and is not surprised by the structure of the examination.

During the EUO, counsel may advise the insured and preserve appropriate objections, but the policyholder remains the witness and must provide the factual answers.

Frequently Asked Questions

How long will my EUO last?

There is no fixed length. The duration depends on the claim, the number of topics, the documents, and whether additional examinations are permitted or requested under the policy.

What if I honestly do not remember?

Say that you do not remember. If a document could refresh your memory, identify it. Guessing can create an inaccurate sworn answer that later appears inconsistent with the record.

Will the insurer ask questions that feel unrelated to the loss?

It may. Some topics that initially seem remote can relate to ownership, occupancy, valuation, policy conditions, or another coverage issue. If the connection is unclear or the request appears excessive, counsel can evaluate and preserve the issue.

Should I bring documents with me?

Follow the EUO notice and document request, and coordinate with counsel about what has already been produced and what should be available during the examination. Keep a clear copy of everything you provide.

Can I use these sample questions as my exact preparation script?

No. They are examples of common subject areas. The actual examination should be expected to follow the particular facts and documents in your claim.

Prepare for the Questions Before You Are Under Oath

An EUO is easier to manage when you have already reviewed the claim file and know where the difficult factual questions are likely to arise. Preparation cannot guarantee how an insurer will decide a claim, but it can reduce preventable confusion and help create an accurate record.

Henri O. Harmon represents Michigan policyholders facing examination-under-oath demands. If your EUO is scheduled, you can contact the firm to discuss the demand, the requested documents, and preparation for the subjects likely to be covered.

General information only. This article is not legal advice. Whether an EUO demand is enforceable and how a policyholder should respond depends on the policy, the type of coverage, and the facts of the claim.