Since the Florida Supreme Court’s decision in State Farm v. Curran, practitioners and courts alike have been trying to sort out exactly how far the opinion goes. While many argue that Curran only applies to independent medical examinations, others point out that the Fifth District Court of Appeal specifically certified conflict with an earlier decision dealing with the application of the Examination Under Oath provision.Continue Reading Florida 4th DCA Reaffirms Position On EUO Requirement
We have written several times in the Condominium Insurance Law Blog regarding examinations under oath and their importance in the insurance claims process. In his July 3, 2010 post titled Examinations Under Oath Can Be Difficult For Associations, Corey Harris gave an excellent description of what an examination under oath is and what the process entails. Corey wrote that:
[A]nyone sitting for an EUO should remember that while it is not a “legal proceeding,” it is about as close as you can get. The insurance company’s representative asking the questions will undoubtedly be an attorney, and you should plan for some tough questions.
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?
While working on a condominium’s Hurricane Wilma claim this week, I had the opportunity to discuss numerous aspects of insurance adjusting with two adjusters who have more than 40 years combined experience working only for insurance carriers. Thankfully, these individuals have seen the light and now work for policyholders, but their insight into the claims process is invaluable.Continue Reading Associations Should Choose Examination Under Oath Representatives Carefully
The number of examinations under oath that can be reasonably requested and whether there is compliance with those requests are common issues in condominium association insurance claims, especially in loss investigations for reopened hurricane claims. There have been several posts in the past weeks regarding the topic. I thought I would write about a hypothetical South Florida case where an insurer makes excessive requests for examinations under oath while “investigating” the claim of a condominium complex with several-hundred units.Continue Reading Is It Reasonable For An Insurer To Request Examinations Under Oath Of Unit Owners During A Claim?
Last week, Shaun Marker wrote in “How Many Examinations Under Oath Can an Insurer Demand of an Association,” that the answer is “it depends.” This reminded me of the second part of a case I wrote about a few weeks on the Property Insurance Coverage Law Blog. The first part of Vision I Homeowners Ass’n, Inc. v. Aspen Specialty Ins. Co., 674 F. Supp. 2d 1333 (S.D. Fla. 2009) dealt with late notice of claims, but the second part of the case dealt with Examinations Under Oath (EUO).Continue Reading Substantial Compliance and the Examination Under Oath
The answer to this question is a resounding, it depends. As is often the case in law, the answer to this question depends on such things as the particular language of the policy, the areas of inquiry requested by the insurer, and whether different individuals have knowledge regarding the areas of inquiry.Continue Reading How Many Examinations Under Oath Can An Insurer Demand Of An Association?
Here are common problems that arise when an insurance carrier requests examinations under oath in a claim filed by a condominium association:
- The board of directors has changed and the current board members are not familiar with the details of the claim, damages, previous repairs and future necessary repairs;
- The current board members are aware of the voluminous records and documents kept by the previous board through which the insurance carrier would be able to intelligently assess the details of the loss being claimed; and
- The current board members will provide the insurance carrier with the documents and information for the insurer to ascertain all of the details of the claim, damages, previous and future repairs.
Continue Reading Submitting Volumes Of Documents Through Which An Insurer Can Make An Intelligent Inquiry Into The Details Of The Loss Does Not Relieve An Insured Of Its Obligation To Appear For Examination Under Oath
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?
All insurance policies place certain obligations on the insured in the event of a loss. While most policyholders do not understand all of the terms and conditions of their policy, these post-loss obligations are extremely important. Failing to fulfill these obligations may be grounds for an insurer to deny an otherwise valid claim in some circumstances; therefore, all board members should read and understand what to do after a loss occurs.Continue Reading Examinations Under Oath Can Be Difficult For Associations