2. WHEN DOES AN INSURANCE COMPANY TAKE AN EXAMINATION UNDER OATH?

An insurance company typically takes an EUO when it suspects that its insured has filed a fraudulent claim. As such, you should assume that if an EUO is scheduled, your insurance company suspects that you are committing insurance fraud. It may, for example, believe your claim is phony, that you've exaggerated your loss or that you provided false information to it when you applied for insurance. This suspected fraud could be used to deny your claim and could also serve as a basis for criminal charges to be filed against you.

3. WHY DOES YOUR INSURANCE COMPANY WANT TO TAKE YOUR EXAMINATION UNDER OATH?

It wants to take your EUO for a variety of reasons:

1. It is seeking information to more thoroughly evaluate your claim and make a claims decision.

2. It is comparing your testimony at the EUO to the information you gave its claims people shortly after the loss to see if you are consistent in presenting the facts.

3. It is committing you to a statement of the facts so that if your testimony is different in a court case at a later date, it can use the transcript of the EUO to portray you to the judge or jury as a liar.

4. It is evaluating how you present yourself and therefore the impression a judge or jury is likely to have of you when they see you in court. It wants to know for example if you appear to be an honest or dishonest person, if you answer questions directly or obfuscate, whether you are likeable or not and whether you get angry and belligerent easily with little provocation or remain composed throughout the process.

5. It is comparing information that you provide at the EUO to information it has gathered from other sources. These sources include such things as credit reports and other credit information, insurance industry records of other claims, public records and information provided by witnesses it has interviewed.

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