Author: Clint Scott

An examination under oath is a formal proceeding that insurance companies use to investigate an insured’s claim. The insured should review any request for an examination under oath (EUO) with an experienced Tennessee insurance lawyer, because the insurance company will often try to use the EUO to deny a claim, reduce the amount that should be paid, or even to charge a policyholder with fraud.

EUO requirements

An EUO begins with a formal notice by the insurance company that usually includes the following:

• The identity of the person who will be examined – usually the policyholder
• The identity of the person conducting the examination
• Where and when the examination will be conducted
• A list of documents the person being examined must bring

Sometimes, a policyholder or named person can be required to submit to multiple EUOs during the insurance company’s investigation. The EUO is conducted before a court reporter, and the person being examined takes an oath that they will tell the truth. No matter how many times you are asked to submit, you must comply; otherwise, you risk having your claim denied for non-cooperation.

Why do insurance companies order EUOs?

The purpose of an EUO should be to help the insurance company determine the validity of the claim, what other witnesses the insurance company may want to speak to, and what evidence of value there is. EUO’s were commonly used during Hurricane Katrina, for example, and will likely be used by the property victims of Hurricanes Harvey and Irma.

An EUO should be used to help clear up any concerns your insurer has, and ideally expedite your payment. Insurers usually request one if they feel there are too many “red flags” in your claim. Sometimes the EUO request is done in good faith, but sometimes the motives are less “friendly.” This is why your will want to work with a lawyer before you submit to questioning.

While your attorney cannot actively participate in the examination under oath with you, he or she can prepare you for what is to come. Our insurance dispute attorneys help you gather and present your documentation and evidence of your loss, review the types of questions you are likely to be asked, and ensure that the process of meeting with the insurance company goes smoothly.

At the Gilbert Firm, our Tennessee insurance dispute attorneys like Clint Scott, Jonathan Bobbitt and Brandon McWherter explain the importance of examinations under oath. We represent you at the exam and work to pursue strong and just negotiated settlements of your claims.. For help now, please call us at 888.996.9731 or make an appointment through our contact form. We have locations in Nashville, Chattanooga, Memphis, Jackson, and Knoxville.

The Gilbert Firm can help any policyholder insured – whether it’s a personal property claim, whether it’s a structure homeowner’s claim, or a commercial claim – prepare for the Examination Under Oath by assisting and gathering the documents, getting the Examination Under Oath scheduled at a time and a date that works for the insured, and going over and analyzing the claim with the insured to make sure the insured knows what’s at issue, what the questions that will be asked are, what the nature of those questions are, and making sure that the insured understands what’s being asked of them, so that the answers they give are not only truthful, but they’re responsive to the questions and don’t allow the insurance company the wiggle room they often look for to get out of paying claims.

The Gilbert Firm helps Tennessee policyholders who are struggling to have their claims paid. To speak with an experienced Tennessee insurance lawyer such as Clint Scott, please call 888.996.9731, or fill out our contact form. We maintain offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville.

If you ever wanted to see an illustration of the how the vagaries of insurance terminology can be used against even large companies, look no further than a recent ruling against First Tennessee Bank. In order to understand why that ruling matters to policyholders, we need to look at the original case against the bank.

It began 2012, when the US Department of Housing and Urban Development initiated an investigation into First Tennessee Bank’s lending practices under the Fair Housing Act. This exploration proceeded for a year, and in 2013 it became clear that First Tennessee Bank was in violation, and liable for up to $1.19 billion in damages. During this period, the bank had its own Errors and Omissions insurance policies in place, as well as no fewer than seven redundant policies for the same coverage.

By 2014, the US Department of Justice made First Tennessee Bank an oral settlement offer of $610 million, later confirmed via email. Through counter offers and various proposals, in 2015, First Tennessee reached a settlement agreement for $212.5 million. At this point, the insurers who covered First Tennessee Bank’s Errors and Omissions policy would be expected to pay the full amount.

However, during the period when it became clear that damages would need to be paid, First Tennessee Bank informed its insurers only in vague terms. The insurers, having not been officially or fully notified in a timely fashion of the potential claim, declined to pay the damages First Tennessee Bank now owed, leading to the present suit.

The results all come down to paperwork and timing

The case at hand thus hinged on what a “claim” actually was, whether the First Tennessee Bank’s notice met that definition, and whether that notice or the future claim met the time requirements set out in the Errors and Omissions policy in order to assure payment. The judge ruled that while First Tennessee Bank did send a notification, it was too vague to constitute actual notice of an impending or current claim and thus the bank’s insurers did not have to pay on the policy.

While these types of disputes may be more familiar between insurance companies and individual policyholders, seeing how the same factors play out on a corporate scale can help consumers better understand their rights and responsibilities as policyholders. (Or, at the very least, let you know that you are not alone when it comes to being denied a claim.) The takeaway lesson is that timeliness of notification of insurance claims is a potential issue, no matter if the client is an individual or a large business. However, when a policyholder has properly submitted a claim and faces rejection or lack of payment, legal assistance may be needed.

The Gilbert Firm provides counsel to families who have been denied or had their insurance claims unnecessarily delayed. To speak with an experienced Tennessee insurance lawyer such as Clint Scott, Brandon McWherter or Jonathan Bobbitt, please call 888.996.9731, or fill out our contact form. We maintain offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville.

An examination under oath, or an EUO, is something that an insurance policy gives the insurance carrier the right to do. It gives them the ability to investigate your claim, where they’re going to sit down, most likely with a lawyer. That lawyer for the insurance company’s going to ask a series of questions to the insured or the policy holder to investigate the claim.

At the Gilbert Firm, we help our clients prepare for EUOs, so they can feel confident when they speak to insurers about their claims. To learn more about what we do, or to schedule an appointment with an experienced Tennessee insurance dispute attorney, please call 888.996.9731, or fill out our contact form. We maintain offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville, for your convenience.

Contents coverage brings with it several issues that seem to arise. Number one is the inventory. The insurance company will inevitably ask the insurer to write out what they have and what they had at the time of the loss, and place a value on it and approximate the age. Oftentimes, the insurance company doesn’t really give any specifics or any guidance to the insurer. To the insurer, it’s lost as to how to do it. Filling out that inventory form and doing it accurately, or the best that you can, is a big step. There’s also always the issue with fire loss that the items aren’t there anymore. So trying to remember what was actually included in the business or the home, so that everything can be listed on the personal property inventory form, is another important issue that arises. Valuation is something that comes up. Insurance companies, without given guidance, leave the insurer to try to guess, and so sometimes it’s necessary to go on the Internet and try to figure out what the replacement cost is of the item.

At the Gilbert Firm, we help Tennessee policyholders obtain compensation after a loss. Our skilled insurance dispute attorneys help protect you when your insurer refuses to pay your claim, or offers you less than you should be given. To learn more about our services, please call 888.996.9731, or complete our contact form.

Water damage is a leading cause of property damage claims, right behind fire damage. It can be caused by a burst pipe, a sprinkler systems malfunction, a tree limb that crashes through a window in a storm, water overflow from a neighbor’s property, and so on. The cost to repair the damage can be steep, and most homeowners will look to their insurance policies to see if the repairs will be covered.

Common types of water damage

When you call in a repair company, in addition to assessing the structural and personal property damage, the professional should look for problems that often arise in the aftermath of water damage, including:

• Mold damage can cause serious health conditions, including respiratory infections, asthma, and bronchitis. The mold needs to be inspected at a laboratory to determine its type. The sooner water damage is treated, the better. Mold damage increases the more that water stays in or about the home.
• Wood and other materials that decompose can attract termites, carpenter ants, and fungi. Wood rot is common in water damage cases, and can make your home structurally unsound.
• Warping. Any water that sits can warp floorboards or walls. Homeowners may not even realize they had water damage until they see warping.

What happens when you make a claim?

If you make a claim for water damage, your insurance company should send out a competent adjuster or engineer to perform an inspection. It is important that you notify your insurance company as soon as you discover the damage and work with them to get someone to your property to mitigate the damage quickly. Before beginning any restoration work, you should seek professional help to ensure that the scope of work being given by the insurance company will actually repair all damage and restore your property to pre-loss condition.

You should be aware that insurance companies often wrongfully deny water damage claims relying on a multitude of exclusions found in various policies. Often times, the insurer will try to claim that the damage already existed, or that it occurred through some fault of your own (like an unrepaired, pre-existing leak). Another tactic is to claim that you lack the proper coverage – for example, like saying that flooding caused by storms cannot be covered because you don’t have flood insurance. When policyholders have their claims denied for these reasons, they should seek counsel from an insurance disputes attorney.

At the Gilbert Firm, our Tennessee insurance dispute lawyers review insurance policies, work with policyholders to determine the value of the damage, and bring claims against insurance companies who have wrongfully denied payment.

For strong legal advocacy, please phone 888.996.9731, or use our contact form to make an appointment with Clint Scott, Brandon McWherter or Jonathan Bobbitt. We maintain offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville for your convenience.