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Examinations Under Oath Must Take Place at a Mutually Convenient Time and Place as Contemplated by the Insurance Policy

images.jpgAs we have discussed before, most insurance policies have several conditions that the insured must satisfy before an insured can file a lawsuit against the insurance company. One of the most common condition is having the insured sit for what is known as an Examination Under Oath (EUO.)

An EUO is a sworn statement given by someone who has made an insurance claim. Insurance companies typically use this procedure as part of their claims handling process and investigation. But they also employ an EUO if they suspect fraud, or if they are considering disputing coverage before going into litigation.

EUO’s could be tape recorded, or even video taped. But it will certainly be transcribed, and you will be sworn to tell the truth. The sworn testimony that you give will also be used by the insurance company to serve their interest, and against you, if possible.

EUO’s could also often times be very intimidating. Part of that intimidation may be to employ the use of overly aggressive defense lawyer in an effort to intimidate the insured into dropping their insurance claim.

One of the most common methods used in intimidating an insured is when the lawyer hired by the insurance company insists on conducting the EUO at their office as opposed to a mutually convenient time and place.

This is critical because in the insurance company friendly ruling in Goldman v. State Farm, 660 So.2d 300, (Fla. 4th DCA 1995), the Fourth District Court of Appeal specifically held that an insured’s failure to sit for an EUO could jeopardize their insurance claim. But the court also opined that the EUO must take place at, “a mutually convenient time and place as contemplated by the policy.”

Therefore, and absent specific language in the insurance policy dictating specifically where the EUO must take place, it is incumbent upon the parties to mutually agree upon the location of the EUO. This is bolstered by the fact that said position was specifically set forth in the Goldman ruling.
If you are in doubt regarding your legal rights under the insurance policy, or you are in need of assistance with your insurance claim, please feel free to call us today to discuss your claim.

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