EUO PROTECTION:
The Importance of Demand vs. Conducting the EUO
When most people think about the Examination Under Oath (EUO), they focus on conducting the EUO—the actual question-and-answer session with the insured. While conducting the EUO is an essential part of the process, there’s another step that is often overlooked: the demand.
The demand is what activates the EUO and provides critical protection for the insurer. Let’s break down the key differences between demand and conducting the EUO and why getting the demand right is so important.
The EUO Demand: Activating Protection
Unlike a casual request or informal communication, the EUO must be formally demanded. This is a specific process with strict requirements, and it’s the demand—not the conducting of the EUO—that activates the insurer’s protections under the policy.
Here’s what does not qualify as a demand:
- Requests: Simply asking the insured or their counsel, “Can we conduct an EUO?” is not sufficient.
- Coordination: Picking a date, time, and location through a conversation or email exchange is coordination, not a demand.
- Reservation of Rights (ROR): Including a reference to the EUO in an ROR letter does not meet the formal requirements for a demand.
A properly issued EUO demand must adhere to specific guidelines and clearly reference the policy’s conditions. Without it, the insurer’s protections may not be fully activated.
Conducting the EUO: Gathering Information
Once the demand has been issued, the next step is conducting the EUO. This is the formal session where the insured answers questions under oath. While conducting the EUO is critical for gathering information and documentation, it’s important to remember:
- The EUO Demand Comes First: Without the demand, the EUO itself cannot proceed or provide the protections the insurer needs.
- Protection Starts With the Demand: The demand is the trigger for the insurer’s right to enforce compliance and access remedies if the insured fails to appear or cooperate.
Why the EUO Provides Unmatched Protection
Among the tools available under the policy, the EUO offers unparalleled protection for the insurer. It goes beyond information gathering, serving as a safeguard against fraudulent claims and legal challenges. But this protection is only effective if the EUO demand is properly issued.
Conclusion
The Examination Under Oath is a two-step process: the demand and the conducting of the EUO. While the question-and-answer session is often the focus, the demand is what activates the EUO and provides critical protections for the insurer.
By understanding the importance of the demand and ensuring it meets all requirements, claims professionals can unlock the full potential of the EUO as a protective tool.
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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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