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Duration: 1 Hour
Level: Intermediate
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Expert Certifications

This course explains that one of the most important conditions of the first party property insurance policy is the condition that requires the insured to produce documentation and submit to an examination under oath. The examination under oath can assist the insured if their documentary evidence was destroyed in a loss for the purpose of proving their loss by sworn testimony. In addition, the examination under oath allows the insured to testify to the insurer facts that will – hopefully – eliminate suspicions that the insured is attempting fraud. The course also explains why failure to submit to the examination under oath is sufficient to allow the insurer to declare the policy void and deny the claim presented. 

The course covers the following:

  1. The duties of an insured to submit to an examination under oath.
  2. The duties of an insured to submit documents that establish or support the claim.
  3. The fact that the examination under oath condition is a condition precedent to indemnity.
  4. That the examination under oath condition is hoary with age and has been an honored part of the policy list of condition that must be obeyed.
  5. That any false statement at examination under oath is sufficient to allow the insurer to void coverage.
  6. That the named insured or any person who is an insured must submit to examinations under oath.
  7. That the purpose of a cooperation clause is to enable the insurer to obtain all knowledge and facts concerning the cause of the fire and the loss involved while the information was fresh in order to protect itself from fraudulent and false claims.

Learning Objectives

  • Explore how the insured’s cooperation by producing documents and appearing at examination under oath, if reasonably required, is necessary to resolve a claim.
  • Recognize that the examination is a condition precedent to recovery of indemnity from the policy.
  • Recognize the importance that the condition be fulfilled.
  • Recognize that the duty to appear at examination under oath is essential to recovery of indemnity.
  • Explore the statutes that govern the taking and submission to examination under oath.
  • Recognize that the right to delay an examination under oath while criminal charges are pending.
  • Recognize that anyone appointed by the insurer can conduct the examination.
  • Recognize that the insured must read, correct and sign under oath the transcript of the examination.
  • Explore how to fulfill the examination under oath condition.
  • Recognize that the insured is entitled to legal counsel at the examination

Prerequisites

No Advanced Preparation or Prerequisites are needed for this course. However, it is recommended to take the other courses in the series prior to completing this one.

Education Provider Information

Company:
Illumeo, Inc., 75 East Santa Clara St., Suite 1215, San Jose, CA 95113
Contact:
For more information regarding this course, including complaint and cancellation policies, please contact our offices at (408) 400- 3993 ext. 106, or send an e-mail to .
Course Syllabus
INTRODUCTION AND OVERVIEW
  9:42Introduction to The Insurance Examination Under Oath
  10:52EUO and Prejudice
  10:32Parties Subject to Examination Under Oath
  8:04Refusal To Testify at EUO
  8:19Statutory Limitations on the EUO
CONTINUOUS PLAY
  47:29The Insurance Examination Under Oath
SUPPORTING MATERIALS
  PDFSlides: The Insurance Examination under Oath
  PDFThe Insurance Examination under Oath Glossary
REVIEW AND TEST
  quizREVIEW QUESTIONS
 examFINAL EXAM