What Steps Should You Take to Prepare for an Examination Under Oath in an Insurance Case?

Mon Aug 31st, 2026 on Insurance Claims, VPM Legal

The statements you make during an examination under oath can have a profound impact on the insurer’s determination about coverage after a loss, so it is important to review your policy, refresh your memory of previous communications, understand the factual details of your claim, and generally approach the situation as if you were going to be testifying in court. An experienced insurance attorney can be extremely helpful with preparation.

An examination under oath may be required for claims involving multiple types of insurance, including commercial property coverage and boat and other vehicle insurance. It is essential to give the task the thoughtful consideration it deserves if you hope to recover an appropriate settlement from the insurance company. They will be looking for any reason they can find to deny or undervalue your claim, so you should make sure that you don’t give them one during the examination process.

What is an Examination Under Oath?

An examination under oath (or EUO in insurance-speak) is a formal, recorded session held by the insurance company during which one of their attorneys asks you questions about your claim. You will be under oath to answer truthfully, as you would be in court.

But unlike a judge questioning in court, the person asking questions in an examination under oath is biased rather than a neutral legal professional. The attorney asking the questions works for the insurance company, so the process can be similar to being cross-examined at trial. They are trying to ask questions in a way that will encourage you to admit something they can use against you. Obviously, you don’t want that to happen, and that is why preparation is so important.

Why Do Insurance Companies Require EUOs?

While the unofficial reason for an EUO is to provide ammunition to the insurance company, they provide some official reasons the examination is necessary, such as:

They need to verify ownership of property, damage, and other issues
They have questions about the circumstances surrounding a loss
They are trying to resolve inconsistencies in statements or documentation
They dispute the value of a claim
They want to remove the suspicion of fraud from the claim

Fraudulent claims are a significant concern for insurers, and it may be fraud prevention that initiated the concept of the courtroom-like EUO process. However, the ability to use information from EUO to discredit honest claimants has been a bonus for the insurance companies.

How Should You Prepare for an Examination Under Oath?

You need to organize and review considerable amounts of information to prepare for the EUO. It is wise to understand your rights and to be on guard against potential trick questions.

Step 1: When Was the Last Time You Read Your Insurance Policy?

The steps to prepare for an EUO do not contain any easy warm-up activities—you need to jump right into the complex language of your insurance policy. This language may set limits on the EUO process that you need to know to protect yourself.

It is also helpful for you to be familiar with the coverage provided in your policy and to know what documentation of the loss is required. Analyzing this language is challenging unless you are accustomed to dealing with the specific industry terms, so it can be very helpful to review the policy with an experienced insurance attorney.

Step 2: What Documents Do You Need to Organize?

Gather documents potentially related to your claim such as:

Correspondence from the insurance company
Receipts and invoices
Photographs and videos
Repair estimates

In addition, you should include other documents relevant to the particular claim. For instance, if the claim involves disability coverage or health insurance, then medical records are obviously vital. If a claim involves business interruption coverage, then business records may be necessary. Your attorney can help you review the potential list of documents and help you locate and organize your information.

Step 3:What Did You Say to the Insurance Company Previously?

Human memory is not perfect, but the insurance company will view any discrepancies as a sign of potential fraud, so it is important to review previous correspondence. Notice dates, descriptions, damage reported, and financial information. If you feel the need to revise an answer you gave previously, speak to your attorney to see whether it is better to stick with the earlier answer even if it appears less favorable.

Step 4: How Well Do You Remember What Happened?

In addition to reviewing what you have said previously, you need to remind yourself about the details concerning your claim. You should be ready to explain how you discovered the damage and what you did afterward.

Step 5: Is it Time to Talk to an Attorney?

A knowledgeable insurance attorney can:

Evaluate and explain your policy terms
Identify potential areas of dispute with respect to coverage
Help you understand the questions to expect and how to answer appropriately

While the assistance of an attorney is not required, when a proceeding carries this much financial significance, it makes sense to invest in gaining the knowledge and guidance to protect your interests.

FAQs About Preparing for an EUO

Can you refuse to undergo an Examination Under Oath?

In most cases, the language in your insurance policy is written in a way that requires you to participate in an EUO as part of the claims process. An attorney can review your policy to see whether this language is included and whether it includes any limitations. If you refuse to undergo the examination, the policy might give the insurance company the right to deny your claim.

What questions get asked at an insurance EUO?

The questions will be tailored to the particular claim, but they are likely to include inquiries confirming property ownership, the timeline of events, the circumstances surrounding the loss, repairs performed, and prior insurance claims.

How should you answer questions during an EUO?

While you are being questioned under oath, it is important to:

Listen to the entire question before answering
Answer only what was asked and do not volunteer additional information
Answer truthfully and carefully
Ask for clarification if you don’t understand the question
Do not guess if you don’t know the answer—simply say “I don’t know”

If you make a mistake during the examination, it is acceptable to correct your mistake.

Ver Ploeg & Marino Can Help Protect Your Interest During the EUO Process

You may not be permitted to have an attorney (or anyone else) with you during the questioning process, but there are numerous ways an experienced insurance advocate can help you prepare for the ordeal. At Ver Ploeg & Marino, we have decades of experience successfully representing policyholders’ interests when insurance companies fail to honor their obligations. We know the tactics they use to deny and undervalue claims, and we know how to overcome those efforts to achieve a positive outcome for our clients. For a confidential consultation to learn about the ways we can assist if you’re facing an EUO or other aspects of an insurance dispute, contact our team today.