“An insurer’s right to examine its insured under oath in connection with evaluating a claim submitted under the insurer’s policy is well established under the law,” Goldberg Segalla’s Christian A. Cavallo and Samantha S. Rhayem write in the Claims Journal. “Over 130 years ago, the U.S. Supreme Court in Claflin v. Commonwealth Insurance Co. first outlined the purpose of examination under oath (EUO) provisions in insurance policies, noting the provisions are the necessary means by which an insurer may obtain from the insured all of the information that is material to the question of coverage under the policy.”
In the article, Chris and Sam, members of the firm’s Global Insurance Services group, take an in-depth look at the Supreme Court’s holding in Claflin that established that an insured is obligated to submit to an examination when required by the policy. They also discuss requirements, general rules, and issues to consider for an EUO when conducting a claim investigation.
“A related issue is which insureds are required to submit to an EUO,” they write. “Most liability policies draw a distinction between named insureds, likely the party paying the premium for the policy (most often referred to in the policy as ‘you’ and ‘your’) and other insureds. Typically, those are persons or organizations not named as insureds who are afforded insured status through the policy.”
“Requirements, Exceptions, and Considerations of an Insurer’s Right to Examinations Under Oath,” Claims Journal, February 17, 2021
February 16, 2021―Requirements, Exceptions, and Applications of an Insurer’s Right to Examinations Under Oath
Christian A. Cavallo is a leader of the Global Insurance Services New Jersey team and of the firm’s Transportation Coverage team. Chris focuses his practice on representing and counseling insurers and other commercial clients in complex, high-exposure matters involving both first- and third-party insurance products, including extracontractual claims and claims arising under consumer protection statutes.
Samantha S. Rhayem focuses her practice on counseling and representing clients in insurance coverage litigation and matters involving bad-faith claims. Samantha’s extensive insurance coverage experience includes defending insurers in commercial class actions and litigating complex disputes in multi-district litigation courts throughout the country.