Public Adjuster Examination Under Oath

Many, if not all, property and business insurance policies contain a provision that requires policyholders to submit to an examination under oath (EUO) in reference to any claim filed with the insurance company. Like a deposition, the insured must provide sworn testimony under penalty of perjury. A policyholder, also known as the insured, can utilize a public adjuster to help prepare them for this examination under oath process.

Do Illinois Policyholders Need to Submit to an Examination Under Oath?

Home and business policyholders, or known as the “insured”, must also present timely notice and submission of documents called “proof of loss”. Unfortunately, insurance companies in several states can “properly deny coverage” without this information being submitted. The Insurance company may also deny the claim if the insured does not submit to an EUO. Therefore, a policyholder has no choice but to participate in an examination under oath and file extensive and burdensome documents and proofs of loss, requested by the insurance company.

However, many states have regulations that tell insurance companies what they must, can, and cannot do. At the same time, insurance companies have a legal duty to investigate and process insurance claims fully, promptly, and fairly without discrimination and prejudice of the insured.

Tips on How an Illinois Policyholder Can Prepare for an Examination Under Oath

Whether an insured hires an Illinois public adjuster or not to assist them during the claims process, they should ask for and receive all documents related to the insurance claim before answering any questions under oath. These documents should also be collected prior to signing any documents related to settlements or confidentiality.

Many states require the insurance company to provide all the required documents to the insured that they might themselves have. This can help empower them in the claim process. Hiring a local public adjuster to assist in preparation of the examination under oath should be considered. They can help document what is being requested by the insurance company. An attorney can only act as legal counsel during the examination under oath and should be considered also.

What Rights Does an Illinois Policyholder Have During an Examination Under Oath?

Here are some legal rights that Illinois home and business policyholders have when an insurance company asks them to submit an examination under oath:

• An insurance company must notify the policyholder that it will conduct an examination under oath and provide them with a copy of this section from the insurance policy when they serve the notification.
• An examination under oath may only be conducted to obtain information that is relevant and reasonably necessary to investigate the claim.
• An examination under oath may only be conducted upon reasonable notice, at a reasonably convenient place and for a reasonable length of time.
• The policyholder may be represented by counsel and may record the entire examination proceedings. Strong consideration should be given to hiring an attorney that has years of experience in this specific field of law.
• If one exists, the insurance company will provide the policyholder with a copy of the transcript and tape of the proceedings, upon request, within 10 business days of receipt. A policyholder may make sworn corrections to the transcript so it accurately reflects their testimony under oath.
• An insurance company cannot ask for unreasonable “proofs of loss” for the claim.
• In an examination under oath, a policyholder may assert any objection that can be made in a deposition under state or federal law. However, if a policyholder fails to provide an answer to a material question as a result of asserting an objection, and that failure prevents the insurer from being able to determine the extent of loss and validity of the claim, the rights of the insured under the contract may be affected.

Get More Information & Learn What We Are All About

By hiring an Illinois public adjuster, you can have someone assist and ensure that you have everything that you need prepared prior and during your examination under oath. At Harris Claims Services, we have done exactly that. We have worked hand in hand with many attorneys and our founder, Jason Harris, himself is an attorney familiar with this area of law. At HCS we guarantee to get you up to 35% more on your claim than what the insurance company wants to give you. We have extensive knowledge in fire damage adjusting and restoration amongst other types of losses. Contact us today at to file a claim and get more information about hiring one of our local public adjusters. We are located in Lincolnwood, IL near Chicago.