Tag Archives: Examination Under Oath (EUO)

Proofs of Loss in Florida: Second District Court of Appeal Reverses Summary Judgment for Insurer Based On Waiver and Partial Compliance

Typical property policies require the insured to cooperate with the insurer in the investigation of the claim, and specifically require the insured to submit a sworn proof of loss within a certain time period (in some policies this applies only where the insurer requests a proof of loss). If the insured partially complies, i.e., provides … Continue Reading

Assignment Does Not Relieve Insured’s Obligation To Submit To Examination Under Oath (EUO) According To Florida Court of Appeal

A Florida court of appeal recently held that an insured’s assignment of a claim did not relieve her of the obligation to appear for an examination under oath (EUO). This decision is significant because it makes a distinction between an assignment of proceeds of a property insurance policy and an assignment (or transfer) of the … Continue Reading

Florida 5th District Court of Appeal Requires Showing of Prejudice For Failing To Submit To An EUO Before Suit Is Filed

Policies typically require an insured to submit to an Examination Under Oath (“EUO”) at the request of the insurer. The EUO can be a useful tool during claim adjustment in reaching a fair and informed coverage decision by allowing the insured to explain the facts and circumstances surrounding the claimed loss and substantiating valuation of … Continue Reading

Insureds’ Failure to Submit To Examinations Under Oath (EUO) Led to Summary Judgment for Insurer Affirmed By Fifth Circuit

The Fifth Circuit recently affirmed the Eastern District of Louisiana’s grant of summary judgment to the insurer where the insureds refused to submit to an Examination Under Oath (“EUO”) before filing a law suit against their insurer. In Hamilton v. State Farm Fire & Casualty Ins. Co., State Farm insured the Hamiltons under a homeowners’ policy … Continue Reading