Examination under oath is something an insurance carrier requests usually before an attorney is involved. It is something they use as a scare tactic in our opinion or if they suspect possible fraud. They usually send a list of discovery items that they are not allowed to ask and they usually ask questions that an attorney would object to immediately and usually be successful. If you are handling a claim on your own or with a Public Adjuster the best option if asked to sit for an Examination Under Oath is to retain counsel. This is in most policies as a requirement for the insured to attend in order to the insurance carrier to determine coverage and pay the insurance claim.
To emphasize, an Examination under oath if and when requested is not be in your best interest without proper representation. It can be one of the most powerful scare tactic tools available to insurance companies to deny or underpay a claim. It is a formal event during which the insured is under with the presence of a court reporter, and is questioned an insurance company representative and most of the time the insurance company’s legal counsel. You always have the right to have a Public Adjuster or Attorney present once this is requested. We recommend if this happens that an Attorney is your best option. And Attorney knows what questions the insurance carrier can legally ask and object to questions specifically one that is far outside the scope of the loss.
Experienced Public Adjusters will be happy to represent you but we will always advise you in this circumstance that you consult with an Attorney. This is a much bigger deal than a standard recorded statement in which an insured is usually also required to attend.