Why the EUO Is Critical:
A Comprehensive Claims Handling Tool
The Examination Under Oath (EUO) is often misunderstood or underestimated in claims handling, but it is one of the most powerful tools available to insurers. Unlike interviews or recorded statements, the EUO is a demanded contractual right that exists from the moment a policy is issued.
Let’s explore why the EUO is critical, how it shifts the burden of proof, and why it provides unmatched focus and value in the claims process.
A Demanded Contractual Right
The EUO is not a casual conversation—it’s a contractual obligation. Once properly demanded, the insured must comply to avoid breaching their policy. Here’s why this matters:
- Policy Compliance: Failure to attend or fully participate in an EUO constitutes a breach of contract.
- Shifting the Burden of Proof: Once the EUO is demanded, the insured—not the insurer—must provide the information and documentation necessary to support their claim.
This shift in the burden of proof is significant. While insurers typically bear the burden of investigation, the EUO empowers insurers to gather the facts needed to make informed decisions.
A Shield Against Litigation and Bad Faith Allegations
The EUO also serves as a safeguard for the insurer. When properly conducted, it:
- Protects Against Lawsuits: If an insured fails to appear for their EUO or refuses to answer reasonable questions, the insurer has remedies under the policy.
- Minimizes Bad Faith Risks: Conducting an EUO fairly and professionally demonstrates the insurer’s good faith effort to investigate the claim.
By exercising this right appropriately, insurers can strengthen their position and reduce exposure to legal risks.
Why the EUO Stands Apart
Unlike interviews or recorded statements, the EUO offers a level of focus and depth that is difficult to achieve in other proceedings.
- Comprehensive Setting: An EUO allows for unlimited time to address discrepancies, clarify facts, and gather supporting documents.
- Distraction-Free Environment: Scheduled at a specific date, time, and location, the EUO ensures both the insured and examiner can focus entirely on the discussion.
- Higher Quality Information: By requiring the insured’s full attention, the EUO produces more thorough and accurate information than brief or distracted recorded statements.
The Value of Focus in the EUO
The structured setting of an EUO enables insurers to obtain higher-quality information faster. Consider this comparison:
- Recorded Statements: Often brief and distracted, with an average length of 10–30 minutes.
- EUOs: No time limit, allowing for hours or even multiple sessions to resolve complex claims...
The EUO’s focus and depth ensure that all relevant questions are answered, discrepancies are addressed, and the claim is fully investigated.
Conclusion
The Examination Under Oath is far more than a procedural step—it is a critical tool for claims handling. By understanding its contractual foundation, the shift in burden of proof, and its unmatched focus, insurers can make more informed decisions while protecting their rights.
Ready to learn more about how to conduct EUOs effectively? Join us for in-depth training on this essential claims tool.
Free Strategy Session
Want to learn whether your EUO process is compliant or how to launch your own EUO practice?
EUO Compliant?
Most companies are under-using and misusing the EUO, creating unforeseen exposure and unnecessary expenses.
FREE Strategy Session
We'll assess your existing process and guide you on the EUO:
- Purpose: It's not just a fraud fighting tool.
- Protection: The claim, company and even against bad faith.
- Process: Should take only 2-3 weeks if properly executed.
Are You A Lawyer?
Learn how you too can get your own clients, build a lucrative practice and have freedom conducting EUOs.
FREE Strategy Session
Discover how to:
- Learn everything you need to know about the EUO in just a few weeks.
- Get your own clients and create a steady stream of monthly repeat business.
- Build a lucrative practice and have time freedom to purse other passions.
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.
*IMPORTANT: We can not and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. What we can guarantee is your satisfaction with our training. You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to hold us liable for your decisions, actions or results, at any time, under any circumstance. Be sure to read our full terms, conditions, and disclaimers.
©COPYRIGHT 2009 - 2024 NATIONAL EUO, LLC - ALL RIGHTS RESERVED
PRIVACY POLICY TERMS & CONDITIONS
SUPPORT - 1.800.386.0703