NationalEUO's Blog/EUO Insights/Are EUOs Dangerous? Dispelling the Myths About Examinations Under Oath

Debunking the Myth: Is the EUO “Too Dangerous”?

When we first conducted a national survey of claims professionals, we uncovered two primary reasons people hesitated to use Examinations Under Oath (EUOs). The first was cost, which we addressed in a previous article. The second, and perhaps more surprising, concern was this:
“EUOs are too dangerous.”

This belief was rooted in fears of potential bad faith exposure and worries about how customers might perceive the process. However, much like the “too costly” myth, the idea that EUOs are inherently dangerous doesn’t hold up under scrutiny.

Let’s break it down.​

Understanding the Fear

The fear of EUOs being “too dangerous” largely stems from concerns about creating unnecessary exposure for the company. Claims professionals worry that:

  • The EUO process might upset or alienate customers.
  • Improper handling of the EUO could lead to accusations of bad faith.

These concerns are valid, but they often arise from misunderstanding the process and the role of proper training.

The Truth About EUO Danger

The idea that EUOs are dangerous is a myth. In reality, any potential risk comes not from the process itself but from the people involved.

If the individuals conducting the EUO—whether internal staff or outside counsel—lack the proper training or don’t follow the correct procedures, they could indeed create exposure. I know this firsthand because, in my early days, I made those mistakes. Without a clear understanding of how to handle an EUO, I inadvertently created risk for my company.

EUOs: A Tool for Protection

Far from being dangerous, the EUO is actually one of the most protective tools available to claims professionals. When used correctly, it provides safeguards that other investigative tools simply can’t match.

Here’s how:

  • Properly Demanded EUOs Provide Legal Protection
    When an EUO is demanded and conducted in accordance with the policy and applicable laws, it sets a clear framework for the investigation. This framework protects the company from accusations of acting arbitrarily or unfairly.1. Properly Demanded EUOs Provide Legal ProtectionLegal and claims professionals have applied their own perspectives, leading to inconsistencies in the EUO’s purpose.
  • Clarifies Ambiguities
    EUOs allow you to gather critical information directly from the insured or claimant. This helps clarify uncertainties and ensures that claims decisions are based on accurate, comprehensive information.
  • Strengthens Defensibility
    A well-conducted EUO can be a powerful tool in defending against fraudulent claims or disputes, offering a clear and documented account of the investigation process.

Why Training Matters

The real key to minimizing risk lies in proper training. With the right knowledge and approach, EUOs can be conducted in a way that protects both the company and the customer. That’s why it’s crucial to:

  • Ensure the person conducting the EUO understands the process, the policy, and the law.
  • Avoid treating EUOs like depositions or litigation tactics.
  • Hire outside counsel who specialize in EUOs and understand their unique purpose.

When these best practices are followed, the so-called “danger” of EUOs disappears, and their protective value becomes clear.

Conclusion

The belief that EUOs are “too dangerous” is a myth that stems from misunderstanding and mismanagement. In reality, the EUO is an investigative tool that, when used properly, offers unparalleled protection for claims professionals and their companies.

The key is to focus on training and purpose, ensuring that every EUO is conducted correctly and for the right reasons.

Ready to learn more about how to make EUOs work for you? Join us for an in-depth training session, where we’ll explore the protective power of EUOs and how to leverage them effectively in your claims process.

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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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