When you are seeking first party benefits in Florida, generally the insurance policy requires that you cooperate and such cooperation includes giving an examination under oath (EUO). An EUO is basically a sworn statement where there is not an ongoing case. Basically, it is what most people know as a “deposition.” It is much more formal than a “recorded statement” in that there is a court reporter and the deponent is sworn under oath, just like in a deposition or in court. Some people disregard these EUO notices and think it is not a big deal but in fact if you do not show for an EUO and particularly if you do not show up for two EUOs, then you set up the basis for an insurance company to deny your benefits. SO IT IS VERY IMPORTANT TO ATTEND AN EUO that is set by your insurance company that you are seeking first party benefits (it would also be required to attend if someone is making a claim against your policy and your insurance company requests an EUO to determine fault or other issues). You are allowed to be prepared for the EUO by a lawyer of your choosing and to have a lawyer there present with you in person or by phone. Thus, it is recommended to consult with a lawyer if your insurance company sets you for an EUO in any setting.
Of course, a case based on a fact pattern such as the one above is unique and any other case should be judged based on the specific facts of the case. The laws as it pertains to EUOs may vary from state to state and from insurance policy to insurance policy, so it is important to get the advise of a lawyer. The advice in this blog is intended to be general and should not to be used as specific advice for a case, as the slightest difference in the facts could change the result. Also, this blog is, as the web site name suggests, based on Florida law and the laws of any other state could vary significantly from Florida.
