The Insurance Company Wants to Do an Examination Under Oath, Should I Do It?
Chris Finney, Trial Attorney
You very well may have to give an examination under oath. As we have mentioned before insurance agreements or insurance policies are really contracts between and individual and a company. And, there are certain rights and obligations with both parties, the person who bought the insurance policy and the company who provides it.
If you’re making a claim, first-party claims, with your insurance company against your policy you maybe contractually responsible. For example: in the event of a house fire the homeowner will file with their insurance company and the company is going to have the right and you must comply with their request to submit to an examination under oath.
So, the simple answer is, you might have to give an examination under oath. Otherwise, the insurance company could void that insurance policy based on your noncompliance therefore invalidating any coverage.
It’s very important that you talk to a lawyer and have them look over your policy to determine if you have to, should you, sit for an examination under oath or can you avoid it and, if it is in my best interest.
If you’re making these decisions on your own, you’re going down a slippery slope. You’re up against a very sophisticated opposing party, the insurance company, and you need to get somebody who can meet that sophistication.