NationalEUO's Blog/EUO Demand Indicator #5: Fraud Indicators and Attorney Tactics

EUO Demand Indicator #5:
Fraud Indicators and Attorney Behavior

Fraud indicators are one of the most common reasons to consider an Examination Under Oath (EUO). Whether it’s inconsistencies in documentation, delays in providing information, or unusual attorney behavior, these red flags warrant further investigation. The EUO serves as a powerful tool to clarify discrepancies, deter fraud, and avoid unnecessary litigation costs.

Here’s why fraud indicators and attorney tactics should prompt you to consider an EUO.​

When Fraud Indicators Appear

Fraud indicators can arise in many forms, including:

  • Inconsistent or conflicting stories from the insured.
  • Documents that appear suspicious or are delayed in being provided.
  • Uncooperative behavior, such as avoiding questions or withholding information.
  • Attorneys who actively delay or obstruct the claims process.

While any of these issues alone might not confirm fraud, a combination of these behaviors often signals deeper problems that require clarification through an EUO.

The Role of Attorneys in Delays

When an insured is represented by an attorney, it’s natural to expect that counsel will facilitate the claims process. However, some attorneys intentionally obstruct or delay proceedings to avoid scrutiny or prolong litigation.

Common tactics include:​

  • “Hiding the ball” by withholding information or failing to provide requested documents.
  • Discouraging the EUO and suggesting that issues can be addressed during a plaintiff’s deposition instead.
  • Prolonging the process to increase legal fees or push the case into costly litigation.

Why the EUO is Essential

An EUO provides several advantages when fraud indicators or attorney delays are present:

  • Clarity and Documentation: The EUO creates a structured environment to address discrepancies, gather documentation, and clarify information directly with the insured.
  • Cost Efficiency: Compared to the expenses of litigation, including discovery and depositions, the cost of an EUO is significantly lower.
  • Proactive Fraud Deterrence: Sitting the insured down under oath often reveals critical details, deters fraudulent behavior, and resolves issues before they escalate to litigation.

Conclusion

Fraud indicators and obstructive attorney behavior are clear signs that an EUO is necessary. By leveraging the EUO early in the claims process, you can uncover the truth, deter fraud, and save the company from unnecessary litigation costs.

Stay tuned for the final part of this series, where we’ll cover another key EUO demand indicator and its role in claims handling.

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Danny Vazquez

Danny Vazquez is the National EUO, LLC CEO.

Danny is a central leader on Claims, Investigations and EUOs in the insurance and legal industries.

​As CEO, Danny took the knowledge and insights gained throughout his 25 plus years legal career to establish National EUO as the Nation's leading company on EUO services and EUO training.

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