What is an Examination Under Oath?


If there are any disputes in the course of your insurance claim, the insurance company may ask you to submit to an Examination Under Oath (EUO). Authority to conduct these examinations are part of most insurance contracts, and they are a formal process where your insurer’s lawyer will ask you questions about your claim. These can be stressful, and advice from a well-qualified lawyer can go a long way to helping get through the process.

What is an Examination Under Oath?

An EUO is a tool used by insurers to collect information “on the record” about an ongoing claim, in order to gather additional details about the loss, fully document the claim, and in some cases investigate suspicions of potential fraud. Although it is impossible to know the reasons your insurer has asked for an examination, the statements made in an EUO may be used as the basis to deny a claim. Where an examination under oath is permitted by your insurance policy, failure to attend can mean your claim will be automatically denied. Claimants undergoing an EUO are sworn to tell the truth, and will be questioned by the insurer’s lawyer about matters relevant to the claim. Examinations may last several hours, and can include matters such as:

  • Relationship or family status and history;
  • Current and prior places of residence;
  • Education and employment history;
  • Your insurance history and any past claims; and
  • Any pending criminal or civil liabilities.

How can a lawyer assist me with an Examination Under Oath?

In any potential insurance dispute, it is critical to have legal advice from an experienced lawyer who understands the inner workings of the insurance industry. A skilled lawyer can explain the process so you know what to expect, prepare necessary paperwork and documents requested by your insurer, help you prepare for the types of questions you will be asked, and most importantly review the matter with you after the examination to address any potential issues.

Although claimants are generally obligated to attend an EUO, and most policies do include provisions that permit them, there are some situations where a request should be refused. Your lawyer can determine whether there are any irregularities that preclude your insurer from undertaking an examination.

Dedicated Toronto insurance specialists representing claimants

Our team of lawyers has been fighting the insurance companies for over forty years, and understand how the claims process works. With this invaluable experience, Jasmine Daya & Co. can help claimants with any concerns relating to an Examination Under Oath, as well as providing invaluable legal advice about any potential claims.

Our lawyers offer free consultations to new clients. Contact us online, or call 416-967-9100 to make an appointment with one of our personal injury lawyers.