Strategies, Challenges, and Answers

Assertion Of Fifth Amendment Privilege No Excuse For Refusing An EUO

On July 19, 1985, a fire damaged the Pervis' home. Mr. Pervis filed a claim with his homeowner's insurance company State Farm. However the fire was suspicious. State Farm asked for an examination under oath. But before it could go forward, the authorities brought charges of arson against Mr. Pervis. When the time came for the EUO to go forward, Mr. Pervis asserted his Fifth Amendment right to remain silent and refused to sit for an examination.The arson trial went forward and Mr. Pervis was … [Read more...]

Examinations Under Oath Meant To Prevent Unnecessary Litigation

In addition to detecting FRAUD, examinations under oath serve a number of other purposes.  For example in the case of Yeo v. State Farm Ins. Co., 219 Mich. App. 254, 258, 555 N.W.2d 893, 895 (1996) the court explained that an examination allowed an insurance company to gather facts it would need to determine whether it would adjust the claim or defend a denial.  In other words, examinations under oath also help prevent unnecessary litigation. In the case of Dietz v. Hardware Dealers Mut. Fire … [Read more...]

Can Anyone Find A Reported Nevada Case That Deals With Examinations Under Oath?

An insured’s obligation to give an Examinations Under Oath in conjunction with an insurance claim has been around a long time.  Take for example the case of Claflin v. Commonwealth Ins. Co., 110 U.S. 81, 3 S. Ct. 507, 28 L. Ed. 76 (1884).  There, the U.S. Supreme Court explained that the purpose behind an Examination Under Oath was "to enable the [insurance] company to possess itself of all knowledge and all information as to other sources and means of knowledge, in regard to the facts, material … [Read more...]