Above all, don’t lie to yourself.
Dostoevsky
An Examination Under Oath (EUO) in California refers to a proceeding involving you (the insured) and your insurance company (your insurer). The insurer should be represented by an attorney. During the proceeding, the attorney should ask you questions about your claim.
Here’s more helpful info.
What Does California Law Say About An EUO?
Insurance Code § 2071 says that an insured should “submit to examinations under oath by any person named by this company, and subscribe the same.” It also says that an insured “shall produce for examination all books of account, bills, invoices…”
This law gives insurers the right to conduct an EUO.
What Should I Know About EUO In California?
You should know a few things:
- Remember that for the most part your relationship with your insurance company is contractual. The rights and duties of the insured and the insurer are in the insurance contract. Generally, this means the insurer cannot conduct an EUO unless the insurance contract says it can.
- Your insurance company could deny your claim if you refuse to submit to an EUO. Read what the contract says.
- Usually, the proceeding will be transcribed (a court reporter will write down everything that is said).
What Rights Do You Have In An EUO?
You have several rights. Most are listed in Insurance Code § 2071.1
- An insurer must notify an insured of its intent to conduct an EUO and provide the insured with a copy of Insurance Code § 2071.1
- An insurer can conduct an EUO “only to obtain information that is relevant.”
- An EUO must be at a reasonably convenient place and time.
- You have the right to a copy of the proceeding
- The insured may have an attorney.
This is just an overview.
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