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When A Policyholder Refuses Examination Under Oath ...

Law360, New York (September 23, 2011, 12:28 PM EDT) -- Based on the New York standard fire insurance policy, property insurance policies typically require submission upon request to an examination under oath ("EUO") as one of the policyholder's duties after a loss. Courts enforce such clauses, often precluding coverage for failure to appear in response to a proper notice and making clear that submission to an EUO is a condition precedent to recovery. Three new decisions illustrate the point: failing to appear for or walking out of an EUO bars recovery as a matter of law. Refusing to answer certain questions at an EUO requires more analysis but is also usually fatal to a property insurance claim....

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