An EUO Is Not a Deposition
An Examination Under Oath (EUO) is a condition of an insurance policy, not a court proceeding. When an insurer investigates a claim, most policies give the carrier the contractual right to examine the insured or the claimant under oath before it pays or denies. There is no judge, no courtroom, and no CPLR discovery schedule. The examination is governed by the language of the policy and, for no-fault claims, by the New York no-fault regulations at 11 NYCRR 65.
That distinction matters. An EUO is usually pre-litigation, the questioning attorney is protecting or testing a coverage position rather than building a trial record, and a claimant's failure to appear can forfeit coverage entirely. Treating an EUO like a garden-variety EBT deposition is how coverage gets lost.
Two Roles We Cover
We appear on a per diem basis for either side of an EUO.
Conducting the EUO (for carriers and defense counsel)
We take the examination on the record: review the claim file and the policy in advance, question the insured or claimant on the issues that drive the coverage decision, preserve the carrier's defenses, and deliver a same-day report your adjuster or counsel can act on.
Defending the insured or claimant (for plaintiff and policyholder counsel)
We appear with your witness, keep the examination inside the scope the policy actually authorizes, protect the claimant from overreaching questioning, and flag anything that could jeopardize the claim, so your firm is not sending a client into an EUO alone.
Where EUOs Come Up
- No-fault / PIP (11 NYCRR 65): the most common EUO context. The examination is a verification device, and a claimant's unexcused failure to appear at duly scheduled EUOs is a breach of a condition precedent to coverage.
- First-party property: fire, water, theft, and vandalism claims where the carrier examines the insured before paying.
- Disability and life claims: examinations tied to proof-of-loss disputes.
- SUM / uninsured and underinsured motorist claims: examinations under the policy before arbitration or suit.
- Commercial and business-interruption claims: examinations of the insured's principals and records.
How We Handle an EUO
1 Pre-Examination Review
We review the policy language, the notice of claim or proof of loss, the claim file, and any records already exchanged, so the examination is focused and complete.
2 On-the-Record Examination
Whether conducting or defending, we run a disciplined examination: careful questioning, objections preserved where they belong, and a clear record.
3 Same-Day Report
By end of business you receive a summary of the testimony, the admissions and problem areas, the documents identified on the record, and recommended next steps, whether that is a coverage decision or a follow-up demand.
Coverage Area
In-person EUO coverage across all five boroughs (Manhattan, Brooklyn, Queens, Bronx, Staten Island) plus Nassau, Suffolk, and Orange counties. Virtual Examinations Under Oath via Zoom or Microsoft Teams are available statewide, with the same preparation, advocacy, and same-day reporting.
Pricing
Examinations Under Oath are billed as flat, per diem engagements. Virtual EUOs via Zoom or Teams are covered statewide at the same rates.
| Service | Flat Rate |
|---|---|
| EUO (half-day, up to 3 hours) | $550 |
| Full-Day EUO | $800 |
| Interpreter surcharge | +$100 |
Rates are confirmed when you submit your request. Same-day reporting is included at no additional charge.
Why Firms and Carriers Partner With Us
28 Years of Experience
Decades of examination work across insurance and litigation matters in New York. You get a seasoned attorney, not an associate learning the format on your file.
Coverage-Aware
An EUO is a coverage tool. We treat it that way, whether we are preserving a carrier's defenses or protecting a claimant's benefits.
Ethics and Professionalism
Discreet, reliable, always prepared. Your reputation is our standard.
Frequently Asked Questions
What is an Examination Under Oath (EUO)?
An Examination Under Oath is a formal, recorded examination that an insurer is entitled to take of an insured or a claimant under the terms of an insurance policy, usually while the carrier is investigating a claim and before it pays or denies. It is a contractual condition of the policy, not a court proceeding.
Is an EUO the same as an EBT or a deposition?
No. An EBT (deposition) is court discovery under the CPLR, taken after a lawsuit is filed, before a court reporter as part of litigation. An EUO is a pre-litigation condition of an insurance policy, taken by the insurer during claim investigation. There is no judge and no lawsuit required. The two are governed by different rules and serve different purposes.
Can an attorney conduct an EUO in New York on a per diem basis?
Yes. Carriers and defense counsel retain us to conduct Examinations Under Oath: we review the policy and claim file, examine the insured or claimant on the record, preserve the coverage position, and deliver a same-day report. We cover all five boroughs plus Nassau, Suffolk, and Orange counties, and we conduct virtual EUOs statewide.
Can you defend an insured or claimant at an EUO?
Yes. Plaintiff and policyholder counsel retain us to appear with a claimant at an EUO, keep the examination within the scope the policy authorizes, protect the witness from overreaching questioning, and flag anything that could put the claim at risk.
What happens if a claimant fails to appear at an EUO?
In the no-fault context, an insured's unexcused failure to appear at duly scheduled Examinations Under Oath is a breach of a condition precedent to coverage and can justify denial of the claim. Because the stakes are that high, a claimant should not attend an EUO without counsel, and a carrier should have the examination conducted by an attorney who understands the notice and scheduling requirements.
How much does per diem EUO coverage cost in New York?
Examinations Under Oath are billed at a flat per diem rate: $550 for a half-day EUO (up to three hours) and $800 for a full-day EUO. An interpreter surcharge of $100 applies when an interpreter is required. Same-day reporting is included at no additional charge.
What areas of New York do you cover for EUOs?
In-person EUO coverage spans all five boroughs (Manhattan, Brooklyn, Queens, Bronx, Staten Island) plus Nassau, Suffolk, and Orange counties. Virtual EUOs via Zoom and Microsoft Teams are available statewide.
What does the post-EUO report include?
By end of business day you receive a summary of the testimony, key admissions and problem areas, a list of documents and records identified on the record, and recommended next steps, whether that is a coverage decision, a follow-up demand, or further verification.