Common Examination Under Oath Questions in Michigan

One of the first things policyholders want to know after receiving an Examination Under Oath demand is simple: What are they going to ask me?

There is no universal list of Examination Under Oath questions. The insurance company’s attorney develops questions based on the individual property claim, insurance policy, documents, prior communications, and issues being investigated.

Still, there are common categories of questions that can arise during an EUO. Understanding those categories can help a policyholder recognize why certain subjects matter and prepare to provide accurate, truthful testimony.

We represent Michigan policyholders facing Examination Under Oath demands. Attorney Henri O. Harmon helps clients review their claims, prepare for questioning, and understand what to expect before providing sworn testimony.

The examples below are not a script and should not be treated as a prediction of exactly what an insurer will ask. They illustrate the types of questions that can arise during a property insurance EUO.

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Questions About the Property Insurance Claim

The insurer will generally want to establish the basic facts surrounding the claim.

These questions can create a chronology of what happened from the policyholder’s perspective and allow the insurer to compare the testimony with information already contained in the claim file.

Sample questions may include:

When did the loss occur?
When did you first discover the damage?
Where were you when you learned about the loss?
Who was present at the property?
What did you observe when you first saw the damage?
When did you notify the insurance company?
What did you do after discovering the damage?
Have any repairs been made since the loss?

The exact wording and scope will depend on the circumstances.

A policyholder should answer based on personal knowledge. If you do not know precisely when something occurred, guessing can create an inaccurate statement in the sworn record.

Questions About How the Loss Occurred

The cause of the reported damage can be an important part of a property insurance investigation.

The insurer’s attorney may ask the policyholder to explain what they know about how the loss occurred.

For example:

What caused the damage?
Did you personally witness the event?
When did you first notice a problem?
What condition was the property in immediately afterward?
Did anyone else witness what happened?
Did anyone inspect the property after the loss?

These questions can become particularly important when the policyholder did not personally witness the event.

A landlord, commercial property owner, or vacation homeowner, for example, may learn about damage from a tenant, employee, property manager, or another person. In that situation, the policyholder should distinguish between what they personally observed and what someone else told them.

Questions About the Condition of the Property

An insurer may want to determine what condition existed before the reported loss.

Questions about the property’s history can help the insurer investigate whether particular damage resulted from the claimed event or existed beforehand.

Potential questions may include:

What was the condition of the property before the loss?
Had this area of the property been damaged previously?
Were repairs performed before the current claim?
When was the property last inspected?
Were you aware of any existing problems?
Were renovations or improvements underway?

The relevance of a particular condition depends on the claim and insurance policy.

Policyholders should not attempt to diagnose property conditions outside their knowledge. If a contractor or another professional provided information about the property, that is different from something the policyholder personally observed.

Questions About Ownership of the Property

Ownership can become relevant in different ways depending on what is being claimed.

For a building claim, the insurer may seek information concerning ownership of the insured property. When personal property is involved, the insurer may ask whether the policyholder owned particular items included in the claim.

Examples can include:

When did you acquire the property?
Who owns the property?
Who was living at or using the property when the loss occurred?
Who owned the damaged personal property?
When were particular items purchased?
Do you have documentation showing ownership?

Our existing Michigan EUO guidance identifies proof of ownership as one type of documentation an insurer may request during its investigation.

These issues can receive additional attention in claims involving significant personal property losses.

Questions About Damaged Personal Property

When an insurance claim includes personal belongings, the insurer may ask detailed questions about the items being claimed.

This can arise in homeowners, renters, condominium, mobile home, vacation home, and other property claims.

Questions may include:

What items were damaged or lost?
Where were those items located before the loss?
How did you acquire them?
Approximately when were they purchased?
What documentation do you have for them?
Were photographs of the items taken before or after the loss?
What happened to the damaged property afterward?

The number and detail of questions can depend on the size and nature of the personal property claim.

A policyholder should not manufacture a purchase date, price, or other detail simply because they believe they are expected to remember it. Testimony should reflect what the person actually knows or remembers.

Questions About Repair Estimates and the Amount Claimed

Differences concerning the amount of a property loss can lead to additional scrutiny.

Our existing EUO guidance identifies significant differences between a contractor or public adjuster estimate and the insurer’s inspection as one circumstance that can lead to an EUO.

The insurer’s attorney may ask questions such as:

Who prepared the repair estimate?
When was the property inspected?
How was the estimate obtained?
Have you discussed the estimate with the person who prepared it?
Have repairs already begun?
How much has been spent on repairs?
Have you received other estimates?
What information did you provide to the contractor or other professional?

A policyholder is not necessarily expected to know how another professional calculated every figure.

If an estimate was prepared by someone else, the witness should accurately distinguish between what they personally know and what the professional determined.

Questions About Documents Submitted to the Insurance Company

Documents can play a significant role in an EUO because the insurer’s attorney may already have the claim file available during questioning.

The examination may include questions about photographs, inventories, repair estimates, ownership records, prior insurance information, or other materials.

Examples include:

Did you provide this document to the insurance company?
Do you recognize this photograph?
When was this photograph taken?
Who prepared this estimate?
Did you prepare this property inventory?
Where did the information in this document come from?
Is this document accurate to the best of your knowledge?

An EUO demand may itself request documentation. Our existing Michigan EUO guidance identifies materials such as proof of ownership, repair estimates, photographs, and prior claim records as documents that can become part of the process.

Reviewing relevant documents before the examination can help a policyholder understand information that may become the subject of sworn questioning.

Questions About Prior Insurance Claims

Previous claims can become part of an insurer’s investigation.

Our Michigan EUO guidance specifically identifies prior claim history as an area that can receive additional scrutiny, particularly when there have been previous claims involving the same property.

An insurer may ask:

Have you made previous property insurance claims?
When were those claims made?
What property was involved?
What type of damage was claimed?
Did any previous claim involve this property?
Was the same area of the property damaged previously?
Were repairs made after the prior loss?

Older claims can create a memory problem for policyholders. If you do not remember a specific detail, do not turn an uncertain recollection into a definite answer.

Reviewing available prior claim information before the EUO can help refresh your memory where appropriate.

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Questions About Your Insurance History

The insurer may also ask questions concerning the insurance coverage surrounding the property.

The scope depends on the particular investigation, but questions can involve previous policies, changes in coverage, or other insurance information relevant to the claim.

The policyholder should answer based on actual knowledge and available records.

If the question concerns information contained in an insurance document you do not remember, it may be appropriate to review the document rather than speculate about what occurred.

Can an Insurer Ask Financial Questions During an EUO?

Financial information can become part of an Examination Under Oath depending on the nature of the insurer’s investigation.

Our existing Michigan EUO guidance notes that questions can extend beyond the loss itself and into the policyholder’s finances. It also identifies an EUO demand for financial records, tax returns, or bank statements as a circumstance in which policyholders should consider involving an attorney before responding.

Potential financial questioning will depend heavily on the individual claim and what the insurer is investigating.

Because these requests can involve sensitive records, a policyholder who receives a demand for extensive financial information should consider having the request reviewed before producing documents or testifying.

Questions About Who Was at the Property

The insurer may want to identify people with knowledge about the loss.

Depending on the claim, questions might include:

Who was at the property when the loss occurred?
Who discovered the damage?
Who had access to the property?
Who did you speak with after discovering the loss?
Was a contractor, tenant, employee, property manager, or another person involved?
Who inspected the property afterward?

These questions can help the insurer identify other sources of information.

Again, a policyholder should separate personal knowledge from information learned from someone else.

Questions About What Happened After the Loss

The insurer’s investigation may also cover the period after the damage occurred.

The policyholder may be asked what steps were taken after discovering the loss, what happened to damaged property, who inspected the damage, and what communications occurred.

Questions could include:

What did you do immediately after discovering the damage?
Did you take photographs?
Did anyone perform emergency work?
Who inspected the property?
Did you obtain repair estimates?
Have repairs been completed?
What happened to damaged items?

The purpose and relevance of these questions depend on the claim.

Why Does the Insurance Company’s Attorney Ask the Same Question More Than Once?

An EUO can involve detailed follow-up questioning.

A subject may be revisited later in the examination or approached from a different direction. That does not change the policyholder’s responsibility.

Listen carefully to the question and answer it truthfully based on what you know.

Do not assume that you need to change an earlier answer simply because the attorney asks about the same subject again. Likewise, if you realize an earlier answer was genuinely inaccurate or incomplete, that issue should be handled truthfully rather than ignored.

What If I Do Not Understand an EUO Question?

Ask for clarification.

You should understand the question before answering it.

Do not assume what the attorney means and then answer your assumption. If terminology is unfamiliar or the question is confusing, asking the attorney to clarify or rephrase it can help prevent an inaccurate response.

There is no benefit to answering a question you did not understand.

What If I Do Not Know the Answer?

Say that you do not know if that is the truthful answer.

The same principle applies when you cannot remember something.

An EUO is sworn testimony. Guessing about a date, amount, conversation, property condition, or other fact can create an inaccurate answer that becomes part of the record.

Proper preparation can refresh your recollection, but preparation cannot create knowledge you do not have.

Our How to Prepare for an Examination Under Oath guide addresses these practical preparation issues in greater detail.

Can My Attorney Answer EUO Questions for Me?

The policyholder is the person providing testimony, so the attorney does not simply answer substantive questions in the client’s place.

Attorney Henri O. Harmon can prepare the policyholder before the EUO and attend the examination. During the examination, counsel can address improper questions and protect the record.

The policyholder remains responsible for providing truthful answers to appropriate questions based on their own knowledge.

Why Reviewing Your Specific Claim Matters More Than Memorizing Sample Questions

Sample EUO questions are useful because they show the types of subjects that may arise.

They cannot tell you exactly what your insurer will ask.

The insurance company’s attorney is working from your claim, not a generic online questionnaire. The insurer may have your policy, photographs, estimates, prior statements, documents, and other information before the examination begins.

That is why we prepare clients around their actual claim.

We review the available policy and claim file, identify subjects that may receive attention, discuss relevant documentation, and explain how to approach sworn questioning accurately.

Prepare for Your Michigan EUO Before the Questions Begin

The questions asked during an Examination Under Oath depend on what the insurance company is investigating. They may involve the loss, property condition, ownership, personal property, estimates, documents, previous claims, financial information, or other matters relevant to the claim.

Knowing the categories can help. Knowing your own claim is more important.

Attorney Henri O. Harmon has approximately 20 years of litigation experience and represents policyholders facing Examination Under Oath demands. His practice includes property insurance coverage and EUOs, as well as complex commercial disputes.

We represent policyholders throughout Michigan, with our office in Southfield, Michigan.

We offer a free, confidential EUO consultation. We can review your Examination Under Oath demand, discuss the insurance claim, and help you prepare for the questions that may arise before you provide sworn testimony.