A statement under oath (“SUO”) or examination under oath (“EUO”) is a legal proceeding initiated by an insurance company pursuant to the terms of your insurance policy. An SUO or EUO is not just another deposition, and your counsel must be well-versed on the contractual duty you have to submit to an SUO – as well as the consequences of not cooperating.
The Cooperation Clause
In the case of a loss to which this insurance may apply, you shall… as often as we reasonably require… provide us with records and documents we request and permit us to make copies… and submit to examinations under oath and subscribe to the same.
At Sawan & Sawan, our insurance lawyers are frequently asked about the extent that an insured must cooperate with their insurance company during an investigation into the claim. For example, many insured ask whether they really need to produce wide ranging financial documents, tax returns and phone records. Frequently, insured individuals wonder why the insurance company is making their lives so difficult during an investigation. You don’t need to look any further than the “cooperation clause.” The number one way that insurance companies can trigger a contractual denial of your claim is by making cooperation cumbersome and difficult, and then claiming that you didn’t communicate.
Insurance Companies and Bad Faith
Do I Need a Lawyer for an SUO?
Although not required, it is wise to seek the counsel of an experience insurance lawyer for any formal legal proceeding. Remember that, just because there isn’t a judge or jury present for the SUO, it is a recorded legal proceeding that can have profound effects on your rights. It also is conducted by insurance company lawyers who are trained to elicit responses intended to damage your position, and help the insurance company. At Sawan & Sawan, our insurance lawyers can help you with an EUO by: