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Florida Property Insurance Claims: What is an Examination Under Oath?


An examination under oath is a verbal statement that is given to an insurance company after a property insurance claim has been filed. If the insurance company requests an examination under oath, insured parties are required to comply. Though, insurance companies will certainly not require an examination under oath in every case. During the examination, you will be questioned and interrogated by an experienced insurance defense attorney. As such, it is advisable that you have your own property insurance dispute lawyer by your side throughout the process.

Why is it Necessary in My Case?

As was mentioned, an examination under oath is not requested in every case. The insurance company has considerable discretion for when it chooses to request these examinations. If it requests one in your case, it means that it has important questions that it feels can only be resolved with a verbal statement and questioning. This might be because certain facts seem to be contradictory in your case or because some critical information is missing. It does not necessarily mean that your claim is going to get denied. However, it does mean that there is still a serious investigation going on. Any information obtained during the examination could sway the insurance company’s ultimate decision.

Examination Under Oath: Four Things You Need to Do

  1. Be Prepared: Remember, the insurance company is seeking information from you. While this means that they will be selecting the questions, it also means that you are empowered to provide the information that supports your claim. You need to be fully prepared for the questions.
  2. Be Truthful: Never lie and never intentionally misrepresent the facts. Oath is a very important legal concept. If you violate your duty to answer truthfully under oath, you will most likely destroy your own property insurance claim. Beyond that, you could also face additional legal consequences.
  3. Be Careful: You are allowed to take your time in answering questions. As such, you should be very deliberative and thoughtful when providing answers. Choose your words carefully. In some cases, property owners hurt their own claim simply because they are flippant with their answers.
  4. Hire an Attorney: During an examination under oath, you will be questioned by the insurance company’s attorney. Their attorney will be an experienced professional who has the best interests of the insurance company in mind – not your best interests. You do not need to go into this process alone though. You can bring your own attorney who can ensure that you are not asked unfair questions.

Do You Need Legal Assistance?

At Geyer Fuxa Tyler, our Fort Lauderdale property insurance attorneys have extensive experience handling a wide variety of property damage disputes. If you are facing an examination under oath, or if your property insurance claim has simply been denied, please contact our Sunrise office today. Our team will review your claim free of charge, with no strings attached. We proudly represent property owners throughout Broward County, including in Coral Springs, Miramar and Davie.

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