EXAMINATION UNDER OATH (EUO) PREPARATION OUTLINE

1. PRELIMINARIES

• Confirm policy EUO provision and cooperation clause; note any scope limits.
• Calendar date/time/location or remote platform; confirm court reporter/recording.
• Counsel present for insured; instruct on objections (if any) and breaks.
• Verify identity documents required.

2. DOCUMENT COLLECTION

• Policy and declarations; prior correspondence; claim submissions; proofs of loss.
• Photos, estimates, invoices, receipts; repair records; financial records if relevant.
• For EPLI/D&O: complaints/demands/charges; board minutes; HR files.
• Organize by topic; label as potential exhibits.

3. FACT CHRONOLOGY

• Timeline of incident/claim; who knew what and when; reporting dates; mitigation steps.
• For property: pre-loss condition, maintenance, prior claims at location.
• For liability: events leading to claim; communications with claimant; witnesses.

4. KEY TOPICS TO REHEARSE

• Ownership/insurable interest; occupancy/use; security systems; prior losses.
• For EPLI/D&O: roles/responsibilities, decision processes, policies and procedures.
• For fraud-sensitive areas: inventory, finances, recent changes in coverage, motive questions.
• Clarify “I don’t know/I don’t recall” is acceptable if truthful; avoid speculation.

5. PRIVILEGE AND SCOPE

• Do not volunteer privileged communications; distinguish facts vs. legal advice.
• If counsel objects to scope, state objection and proceed subject to instruction.
• Keep answers concise and truthful; avoid volunteering unrelated information.

6. LOGISTICS

• Exhibits prepared and pre-marked where possible; test remote connections and audio; arrange quiet environment.
• Breaks as needed; hydration; ensure insured understands oath.

7. FOLLOW-UP

• Track undertakings for additional documents; deadlines to supply.
• Debrief post-EUO; update coverage/defense strategy.