An Examination Under Oath, commonly called an EUO, is a formal process that allows an insurance company to question a policyholder under oath while investigating an insurance claim. In Michigan property insurance claims, the obligation to participate in an EUO generally comes from the terms and conditions of the insurance policy.
An EUO is not simply another phone call with an adjuster. The policyholder provides sworn testimony, an attorney representing the insurance company typically conducts the questioning, and a court reporter records what is said. The resulting testimony becomes part of the insurance company’s investigation.
Michigan courts have long recognized EUO provisions in fire and homeowners insurance policies as generally enforceable. The Michigan Supreme Court has explained that the purpose of an EUO is to allow an insurer to gather facts needed to determine whether to honor or deny a claim.
We represent Michigan policyholders who receive Examination Under Oath demands. Our role is to help clients understand what the insurer is requiring and prepare for sworn testimony before the examination occurs.
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1. What is an Examination Under Oath in an insurance claim?
An Examination Under Oath is a formal, sworn interview that an insurance company can require as part of investigating a claim. The testimony is recorded and becomes part of the claim file. It may be considered in the insurer’s coverage decision and may also become relevant in later litigation.
2. Can I refuse to attend an EUO?
Most policies require cooperation with an EUO request as a condition of coverage. Refusing to attend may give the insurer a basis to deny the claim, so it is important to speak with an attorney before responding to the request.
3. Do I need a lawyer for an Examination Under Oath?
An attorney can help you understand the policy’s requirements, prepare for likely areas of questioning, attend the examination, provide legal advice, and address appropriate issues concerning privilege and the scope of the examination.
4. How long does the EUO process take?
The process varies by insurer and claim complexity, but preparation typically begins as soon as the EUO letter is received and continues through the date of the examination itself.
5. What happens after the Examination Under Oath?
The insurance company reviews the testimony along with the rest of the claim file before making a coverage decision. An attorney can help address any follow-up requests and respond if the claim is delayed or denied.
That next stage is intentionally covered elsewhere in our EUO resource center:
- The EUO Process, Step by Step explains what happens from the demand letter through the insurer’s coverage decision.
- How to Prepare for Your EUO focuses on practical preparation before testimony.
- Common EUO Questions explains the subjects insurers may investigate.
- Can You Refuse an EUO? addresses noncompliance and its potential consequences.
- Do I Need a Lawyer for an EUO? explains the role of policyholder counsel.
For a complete overview of the subject, visit our Michigan Examination Under Oath Guide.
Talk to a Michigan Examination Under Oath Attorney
An EUO is fundamentally an insurance investigation conducted through sworn testimony. It happens before the insurer has necessarily decided whether it will pay or deny the claim, which makes the period before the examination important.
We represent policyholders facing Examination Under Oath requests throughout Michigan. Attorney Henri O. Harmon has approximately 20 years of litigation experience, including property insurance coverage disputes, and has litigated in state and federal courts across multiple states.
We offer a free, confidential EUO consultation. If you received an Examination Under Oath letter, we can review the demand and help you understand what your insurer is requesting before you provide sworn testimony.
Contact us to schedule a free, confidential EUO consultation with Attorney Henri O. Harmon.
