The examination under oath (EUO) is a highly effective tool for the investigation of first-party claims. There is a wealth of information available to the defense bar on the parameters of an EUO and the case law surrounding it.

However, there is very little literature that addresses the practical aspects of an effective examination for claims professionals.

A vast majority of claims decisions on both commercial, specialty, and personal lines policies are made with basic documentation, claims forms, and telephone calls (which may or may not be recorded).

In most cases, it is one of the last things done during the claims investigation process. However, it is not unusual for an EUO to lead to additional areas of inquiry.

In order for the examination to bear the most fruit, it is advisable to obtain as much documentation as possible in advance.