Examinations Under Oath
Roig Lawyers’ attorneys are highly qualified to conduct examinations under oath (EUOs) on behalf of insurers. As an investigative tool, the EUO stands alone in its effectiveness. The examination summaries we provide to clients give them precisely what they need to verify facts, determine whether a claim qualifies for coverage, and uncover suspicious activity and fraud.
The interview structure, questions, and methods we use result from our cumulative experience in conducting EUOs over many years. Our knowledge and capabilities surpass most in-house efforts, and clients often see significant savings by avoiding unnecessary lawsuits due to our EUO findings.
Benefits of having lawyers conduct the EUO
Clients engage us to conduct EUOs for several fundamental reasons. Foremost, we use the in-person examination method effectively to their advantage. Conducting face-to-face examinations gives our clients more of what they need to make informed claim decisions based on facts and observations.
The in-person EUO presents the optimal opportunity to verify the person’s identity; observe their body language and behavior; and see physical evidence, such as signed documents, loss or repair records, prescribed medical devices, and more, which we request they bring to the examination. For example, we can compare the durable medical equipment the insured brings to the EUO, such as a walker or lumbar brace, to the invoiced charges to verify whether the doctor or supplier marked up a $40 device to $400.
Further, having a court reporter and a lawyer present during the EUO communicates the seriousness of the process. It underscores the legally binding aspect of the sworn conversation — far more than when an in-house adjuster takes a recorded statement over the telephone.
Finally, and perhaps most important in many cases, our in-person interviews allow us to evaluate a “future witness” and advise clients accordingly should a case go to litigation or trial.
Knowing the questions to ask and how to ask them
We’ve seen time and again that a successful EUO interview is a result of knowing what questions to ask and how to ask them. We tailor our questions to each EUO assignment we receive and can pivot on a dime during a live interview to shift our delivery or probe deeper. We design our methods to ensure the most reliable responses and as accurate and actionable information as possible.
Beyond the routine
The value of engaging Roig Lawyers to conduct EUOs extends to our special investigations practice. When simple damage assessments are not enough, our attorneys have access to our professional in-house investigator, who performs EUO advance due diligence. For example, in preparing for certain EUOs, we find it helpful to investigate an insured’s social media activities to gather other pertinent information. We have learned that there is nothing routine in the EUO process when details matter. Our professionals know what to fish for and how to catch it.
Many insurance companies choose to conduct EUOs in-house to save costs. Still, if they don’t ask the right questions or ask them in a manner that will elicit helpful responses, insurers can miss details, err on claim coverage, and end up in unnecessary trials. We train our attorneys to ask good questions in EUOs and offer that training to our clients and others.
In addition to conducting EUOs, we are often engaged to consult on specific cases or train in-house personnel on the art of crafting, framing, and delivering EUO questions. We customize in-house training programs for clients and others. We also host monthly webinars, open to the public, that are Florida Department of Financial Services-qualified continuing education programs.