A standard clause in most property insurance policies requires an insured to sit for an examination under oath (EUO) if the insurance company requests one during the claims process. This clause is often listed as one of the insured’s duties after loss. A separate clause, sometimes entitled “Suit Against Us,” may also require that the insured comply with its post-loss duties before suit may be filed against the insurer. The question of whether an insured condominium association complied with its duty to sit for an EUO before filing suit was one of the issues discussed in the case of El-Ad Enclave at Miramar Condo. Ass’n, Inc. v. Mt. Hawley Ins. Co., 752 F. Supp. 2d 1282 (S.D. Fla. 2010).Continue Reading Must an Insured “Sit” for an EUO Before Filing Suit if It Has Been Requested?
As I previously mentioned in Examinations Under Oath Can Be Tricky For Associations, most insurance policies have a requirement that an insured sit for an examination under oath upon the insurer’s request. As I stated last week, failing to attend an examination under oath may be grounds for an insurer to deny coverage.Continue Reading When Can An Insurer Require An Examination Under Oath?