Examinations Under Oath

The course, “Examinations Under Oath” contains content designed to enhance the knowledge, understanding, and professional competence of the student regarding the legal standards and methods surrounding examinations under oath.

The course is designed to familiarize attendees with the important aspects of conducting an examination under oath. The module is presented by Robert Cockerham, a shareholder of Brown & James, P.C. and Chairman of the firm’s Insurance Law Department, and Gene Roberts, an Assistant Vice-President and Director of Claims Operations for the State Auto Insurance Companies.

Robert Cockerham begins by outlining the purpose of an examination under oath. Next he defines the legal standards that apply to an EUO and goes through what information may be obtained from an insured as well as what information an insured may decline to provide during an EUO. He also describes the methods of taking an EUO, including the importance of videotaping. Finally, he discusses the use of EUOs at trial.

After completing the course, the attendee should be able to outline the purpose of an examination under oath; identify whether the insurer has a right to reexamine the insured; note the importance of requesting documents from the insured prior to the EUO; identify who must submit to an EUO under the policy and the law; define whether mortgagees and loss payees, corporate officers and directors, employees, and public adjusters must submit to an EUO; outline who may attend an EUO, including whether insureds’ EUOs may be conducted separately and whether a public adjuster can attend an EUO; define the technical requirements for an EUO in terms of notice and request for documents; know the procedure for when the insured fails to appear for an EUO; analyze whether denial of a claim is proper for insured’s failure to appear; outline the various areas of inquiry at an EUO; establish the effect of an insured pleading the Fifth Amendment as his or her reason for refusal to submit to an EUO or for failing to cooperate; review the process of obtaining relevant records and documents; enumerate how an EUO may be used at trial.

The course is designed for practitioners and insurance professionals working in the areas of special investigation/fraud and litigation.