Understanding the EUO Process:
The “What” Behind the Procedure
The Examination Under Oath (EUO) is a critical tool for claims professionals, offering unmatched protection and clarity. While much focus is placed on the act of conducting an EUO, it’s the process leading up to it that ensures success.
In this article, we’ll explore the foundational aspects of the EUO process—what it entails, how it should look, and why getting the details right makes all the difference.
Revisiting the Purpose and Protection
Before diving into the EUO process itself, let’s recap two critical elements:
- The Purpose: The EUO exists to gather the information and documentation the company needs to decide upon its obligations while deterring fraud in the process.
- The Protection: The protection of an EUO begins the moment the demand letter is properly drafted and sent—not during the act of conducting the EUO. Understanding this distinction ensures the company’s rights are fully activated from the outset.
What the EUO Process Should Look Like
The EUO process is more than just sitting down with the insured. It’s a structured and deliberate procedure designed to ensure clarity, fairness, and effectiveness. Here’s what a strong EUO process includes:
- Properly Drafted Demand Letters: The foundation of the EUO process begins with a well-crafted demand letter. This letter not only activates the protection but also sets the tone for the entire proceeding.
- Clear Communication: Transparency with the insured is essential. Explain what the EUO entails and provide clear instructions for their participation.
- Documentation Requests: Specify the necessary documents to be provided and ensure they are relevant to the claim.
- Scheduling with Intention: Plan the EUO to occur within an appropriate timeframe to maintain momentum while giving the insured adequate notice.
- Attention to Detail: The process must be consistent and precise to avoid missteps that could create exposure for the company.
Looking Ahead
While this article outlines the “what” of the EUO process, the next step is diving deeper into the practice itself. Understanding how to conduct an EUO effectively ensures that the process achieves its intended purpose without exposing the company to unnecessary risk.
Conclusion
The EUO process is foundational to its success. From properly demanding the EUO to maintaining transparency and precision throughout, each step matters. A well-executed EUO process not only protects the company but also ensures a fair resolution for all parties involved.
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- Purpose: It's not just a fraud fighting tool.
- Protection: The claim, company and even against bad faith.
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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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