Must Insureds Attend Examinations Under Oath Alone?

Law360, New York (March 31, 2016, 12:07 PM EDT) -- Most personal line insurance policies require policyholders to sit for examinations under oath (EUO) to answer questions concerning the validity of a claim. The reason for this is simple: often, the facts surrounding a claimed loss are known only by the insured and, as such, the insurer is dependent on its insured for a full and candid disclosure of the facts. Accordingly, the insured has duty to cooperate with the insurer under these circumstances. But what if the insured refuses to attend the EUO without having his nonlawyer friend sit beside him? May the insurer insist on examining the insured without the friend in the room? That was the question in Foremost Insurance Co. v. Freeman.[1]...

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