# Examination Under Oath (EUO) Requirements - All 50 States + DC

> **Purpose**: Reference table for Examination Under Oath requirements, policyholder rights, and compliance obligations across all U.S. jurisdictions.
>
> **Last Updated**: August 2026 (verified against statutes and reported decisions)
>
> **Sources**: State insurance codes, standard fire policy statutes, insurance regulations, reported decisions

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## Overview

An Examination Under Oath (EUO) is a formal, sworn interview conducted by an insurance company as part of its investigation of a claim. In most states the requirement appears only in the policy's "Duties After Loss" or "Conditions" section. In 22 states the EUO duty is also part of a statutory or regulatory standard fire policy form (typically the 1943 New York form: "submit to examinations under oath by any person named by this Company, and subscribe the same"). Only California has an EUO-specific statute (Cal. Ins. Code § 2071.1). Failure to comply with a valid EUO request can result in claim denial for breach of a policy condition.

**Key Distinction from Depositions**: Unlike depositions, the policyholder's attorney generally cannot object to questions or ask their own questions during an EUO (California is the exception: § 2071.1(a)(6) allows deposition-type objections). The attorney's role is otherwise limited to preparation and post-EUO strategy.

**Verification**: Each row was checked against the cited statute, regulation, or reported decision. "Source" links point to the primary text relied on; "(not confirmed from text)" flags rows where the primary text could not be fetched or the case holding was not read. The following 2 jurisdictions could not be affirmatively verified (official code sites blocked automated retrieval) and retain their original generic entries marked "NOT VERIFIED": Hawaii, New Mexico. Case citations marked "(holding not independently verified)" were confirmed to exist but the opinions were not read.

**Statutory/regulatory standard fire policy EUO clause** (22 states): Arizona, Connecticut, Georgia, Idaho, Illinois, Iowa, Louisiana, Maine, Massachusetts, Minnesota, Missouri (20 CSR 500-1.100), Nebraska, New Hampshire, New Jersey, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, Virginia, West Virginia, Wisconsin.

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## EUO Requirements by State

| State | Statutory Authority | Attorney Presence | Key Requirements | Notable Rules | Source |
|-------|-------------------|-------------------|------------------|---------------|--------|
| **Alabama** | Policy clause only (no AL EUO or standard-fire-policy statute) | Yes - may attend (no statutory right) | Reasonable time/place per policy | *Akpan v. Farmers Ins. Exch.*, 961 So.2d 865 (Ala. Civ. App. 2007); *Nationwide v. Nilsen*, 745 So.2d 264 (Ala. 1999) (holding not independently verified) | [courtlistener.com](https://www.courtlistener.com/opinion/1107690/akpan-v-farmers-ins-exchange-inc/) (not confirmed from text) |
| **Alaska** | Policy clause only (no EUO statute) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement; no AK appellate EUO case located | — |
| **Arizona** | A.R.S. § 20-1503 adopts 1943 NY standard fire policy (contains EUO clause); § 20-461 has no EUO provision | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement; no leading AZ EUO case located | [azleg.gov](https://www.azleg.gov/ars/20/01503.htm) (not confirmed from text) |
| **Arkansas** | Policy clause only (no AR EUO statute) | Yes - may attend (no statutory right) | Reasonable time/place per policy | *Neill v. Nationwide Mut. Fire*, 355 Ark. 474, 139 S.W.3d 484 (2003) (holding not independently verified) | [courtlistener.com](https://www.courtlistener.com/opinion/2354372/neill-v-nationwide-mutual-fire-insurance/) (not confirmed from text) |
| **California** | Cal. Ins. Code § 2071.1 (EUO-specific); § 2071 standard fire policy clause (10 CCR § 2695.7 has no EUO text) | **Yes - statutory right to counsel, § 2071.1(a)(4)** | Notice with copy of statute; relevant and reasonably necessary questions only; reasonable notice, convenient place, reasonable length; insured may record; free transcript/recording within 10 business days of request; deposition-type objections allowed | *Brizuela v. CalFarm*, 116 Cal.App.4th 578 (2004); *Abdelhamid v. Fire Ins. Exch.*, 182 Cal.App.4th 990 (2010): EUO is condition precedent; unexcused failure to appear bars suit | [leginfo.legislature.ca.gov](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2071.1.&lawCode=INS) |
| **Colorado** | Policy clause only (Title 10 C.R.S. has no EUO or standard-fire-policy provision) | Yes - may attend (no statutory right) | Reasonable time/place per policy | *Ahmadi v. Allstate*, 22 P.3d 576 (Colo. App. 2001); *Emenyonu v. State Farm*, 885 P.2d 320 (Colo. App. 1994) (holding not independently verified) | [content.leg.colorado.gov](https://content.leg.colorado.gov/sites/default/files/images/olls/crs2023-title-10.pdf) (not confirmed from text) |
| **Connecticut** | Conn. Gen. Stat. § 38a-307 standard fire policy (EUO clause) | Yes - may attend (no statutory right) | As often as reasonably required; books/records at reasonable time and place | *Taricani v. Nationwide*, 77 Conn. App. 139 (2003) (holding not independently verified) | [cga.ct.gov](https://www.cga.ct.gov/current/pub/chap_700.htm) |
| **Delaware** | Policy clause only (18 Del. C. ch. 41 has no EUO/standard-fire-policy provision) | Yes - may attend (no statutory right) | Reasonable time/place per policy | *Purcell v. State Farm Fire & Cas.*, 192 A.3d 556 (Del. 2018) (holding not independently verified) | [delcode.delaware.gov](https://delcode.delaware.gov/title18/c041/sc01/index.html) (not confirmed from text) |
| **District of Columbia** | Policy clause only (D.C. Code Title 31 has no standard fire policy chapter; ch. 62 fire-rate regulation repealed) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement; no DC appellate EUO case located | [code.dccouncil.gov](https://code.dccouncil.gov/us/dc/council/code/titles/31) |
| **Florida** | Property claims: policy clause only. F.S. § 627.736(6)(g) governs PIP (auto no-fault) only; §§ 627.70131, 627.7142 contain no EUO provisions | Yes - may attend (no statutory right found) | PIP only (§ 627.736(6)(g)): scope limited to relevant information; compliance is condition precedent; baseless EUO requests as a business practice violate § 626.9541 | *Goldman v. State Farm Fire*, 660 So.2d 300 (Fla. 4th DCA 1995) (EUO condition precedent; no prejudice showing required); *Solano v. State Farm Fla.*, 155 So.3d 367 (3d DCA 2014); *FIGA v. Whistler's Park*, 140 So.3d 996 (Fla. 2014) | [leg.state.fl.us](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html) |
| **Georgia** | O.C.G.A. § 33-32-1 standard fire policy adopted by Commissioner (EUO clause via standard form) | Yes - may attend (no statutory right) | Reasonable time/place per policy | *Halcome v. Cincinnati Ins.*, 254 Ga. 742 (1985) commonly cited (holding not independently verified) | [codes.findlaw.com](https://codes.findlaw.com/ga/title-33-insurance/ga-code-sect-33-32-1/) (not confirmed from text) |
| **Hawaii** | Policy language | Yes - may attend | Reasonable time/place | NOT VERIFIED — Standard contract enforcement | — |
| **Idaho** | Idaho Code § 41-2401 requires 1943 NY standard fire policy form (contains EUO clause) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement; no ID EUO case located | [legislature.idaho.gov](https://legislature.idaho.gov/statutesrules/idstat/Title41/T41CH24/SECT41-2401/) (not confirmed from text) |
| **Illinois** | 215 ILCS 5/397 directs uniform fire policy (50 Ill. Adm. Code 2301 standard fire policy with EUO clause) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement; leading IL case not verified | [ilga.gov](https://www.ilga.gov/Documents/legislation/ilcs/documents/021500050K397.htm) (not confirmed from text) |
| **Indiana** | Policy clause only (no IN EUO or standard fire policy statute) | Yes - may attend (no statutory right) | Reasonable time/place per policy; as often as reasonably required (policy) | *Morris v. Economy Fire & Cas. Co.*, 848 N.E.2d 663 (Ind. 2006): refusal to submit to EUO until insurer produced prior recorded statements was breach as a matter of law; prejudice analysis of cooperation clauses does not apply to the EUO condition | [static.case.law](https://static.case.law/ne2d/848/cases/0663-01.json) |
| **Iowa** | Iowa Code § 515.109 standard fire policy (EUO clause) | Yes - may attend (no statutory right) | As often as reasonably required; records at reasonable time and place | Standard contract enforcement; no leading IA case verified | [legis.iowa.gov](https://www.legis.iowa.gov/docs/code/515.109.pdf) |
| **Kansas** | Policy clause only (K.S.A. 40-905 is a valued-policy statute, not a standard fire policy form) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement; no KS appellate EUO case located | [ksrevisor.gov](https://www.ksrevisor.gov/statutes/chapters/ch40/040_009_0005.html) |
| **Kentucky** | Policy clause only (KRS 304 Subtitle 20 has no standard fire policy form; 304.20-150 et seq. is arson-reporting only) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement; no KY appellate EUO case located | [apps.legislature.ky.gov](https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38730) |
| **Louisiana** | La. R.S. 22:1311 standard fire policy (EUO clause) | Not addressed by statute | As often as reasonably required; produce books/records | Statutory standard fire policy EUO clause: submit to EUO as often as reasonably required | [legis.la.gov](https://legis.la.gov/legis/Law.aspx?d=508175) |
| **Maine** | 24-A M.R.S. § 3002 standard fire policy (EUO clause) | Not addressed by statute | As often as reasonably required | Statutory standard fire policy EUO clause: submit to EUO as often as reasonably required | [legislature.maine.gov](https://legislature.maine.gov/statutes/24-A/title24-Asec3002.html) |
| **Maryland** | Policy clause only (Md. Ins. § 19-201 et seq. governs homeowner's policies; no standard fire policy form) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement; no MD appellate EUO case located | [mgaleg.maryland.gov](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gin&section=19-201&enactments=false) |
| **Massachusetts** | M.G.L. c. 175 § 99 standard fire policy (EUO clause) | Not addressed by statute | As often as reasonably required | Statutory standard fire policy EUO clause: submit to EUO as often as reasonably required | [malegislature.gov](https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter175/Section99) |
| **Michigan** | Policy language; MCL 500.2833 lists mandatory fire-policy provisions but does not itself mandate an EUO clause (500.2833(1)(q): suit only after compliance with policy requirements) | Not addressed by statute | Per policy | Contract enforcement | [legislature.mi.gov](https://www.legislature.mi.gov/documents/mcl/pdf/mcl-500-2833.pdf) |
| **Minnesota** | Minn. Stat. § 65A.01 standard fire policy (EUO clause) | Not addressed by statute | As often as reasonably required | Statutory standard fire policy EUO clause: submit to EUO as often as reasonably required | [revisor.mn.gov](https://www.revisor.mn.gov/statutes/cite/65A.01) |
| **Mississippi** | Policy clause only (no MS EUO or standard fire policy statute) | Yes - may attend (no statutory right) | Reasonable time/place per policy; as often as reasonably required (policy) | *Allison v. State Farm Fire & Cas. Co.*, 543 So.2d 661 (Miss. 1989): refusal to answer financial questions at EUO precluded coverage; summary judgment for insurer affirmed | [static.case.law](https://static.case.law/so2d/543/cases/0661-01.json) |
| **Missouri** | RSMo § 379.160 (standard fire insurance policy form filed/approved); 20 CSR 500-1.100 adopts 1943 NY Standard Fire Policy by reference (EUO clause incorporated) | Not addressed by statute/rule | As often as reasonably required (incorporated 1943 NY form) | Cooperation-clause framework: insurer must show substantial prejudice and reasonable diligence (*Hendrix v. Jones*, 580 S.W.2d 740 (Mo. banc 1979)); *Wiles v. Capitol Indem. Corp.*, 215 F.Supp.2d 1029 (E.D. Mo. 2001) found EUO refusal a material, prejudicial breach as a matter of law | [revisor.mo.gov](https://revisor.mo.gov/main/OneSection.aspx?section=379.160) |
| **Montana** | Policy clause only (MCA Title 33 ch. 24 has no standard fire policy form) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement; no MT appellate EUO case located | [leg.mt.gov](https://leg.mt.gov/bills/mca/title_0330/chapter_0240/part_0010/sections_index.html) |
| **Nebraska** | Neb. Rev. Stat. § 44-501 requires conformity to 1943 NY standard fire policy (EUO clause incorporated, text not reproduced) | Not addressed by statute | As often as reasonably required (via incorporated 1943 NY form) | Statutory incorporation of standard fire policy | [nebraskalegislature.gov](https://nebraskalegislature.gov/laws/statutes.php?statute=44-501) (not confirmed from text) |
| **Nevada** | Policy clause only (NRS ch. 691A property insurance has no standard fire policy form or EUO provision) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement; no NV appellate EUO case located | [leg.state.nv.us](https://www.leg.state.nv.us/nrs/NRS-691A.html) |
| **New Hampshire** | RSA 407:22 standard fire policy (EUO clause) | Not addressed by statute | As often as reasonably required | Statutory standard fire policy EUO clause: submit to EUO as often as reasonably required | [gc.nh.gov](https://gc.nh.gov/rsa/html/XXXVII/407/407-mrg.htm) |
| **New Jersey** | N.J.S.A. 17:36-5.20 standard fire policy (EUO clause) | Not addressed by statute | As often as reasonably required | Statutory standard fire policy EUO clause: submit to EUO as often as reasonably required | [lis.njleg.state.nj.us](https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu) (not confirmed from text) |
| **New Mexico** | Policy language | Yes - may attend | Reasonable time/place | NOT VERIFIED — Standard contract enforcement | — |
| **New York** | Property: Ins. Law § 3404 standard fire policy clause. No-fault/PIP only: 11 NYCRR 65-3.5(e), 65-3.6(b) | Not addressed by regulation (no 'protected right' in 65-3.5) | No-fault: place/time reasonably convenient to applicant; insurer must inform applicant of reimbursement for lost earnings and reasonable transportation; EUO requirement must rest on objective standards | 65-3.6(b): if verification not supplied 30 days after request, insurer must follow up within 10 calendar days; courts (case law, not regulation text) treat a second scheduled EUO as required before denial for nonappearance | [law.cornell.edu](https://www.law.cornell.edu/regulations/new-york/11-NYCRR-65-3.5) |
| **North Carolina** | N.C.G.S. § 58-44-16 standard fire policy (EUO clause) | Not addressed by statute | As often as reasonably required | Statutory standard fire policy EUO clause: submit to EUO as often as reasonably required | [ncleg.gov](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_58/GS_58-44-16.html) |
| **North Dakota** | Policy language (N.D.C.C. ch. 26.1-39 has no standard fire policy form; no EUO statute) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement | [ndlegis.gov](https://ndlegis.gov/cencode/t26-1c39.pdf) |
| **Ohio** | Policy language (no standard fire policy statute; OAC 3901-1-54 silent on EUO) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement | [codes.ohio.gov](https://codes.ohio.gov/ohio-administrative-code/rule-3901-1-54) (not confirmed from text) |
| **Oklahoma** | 36 O.S. § 4803 standard fire policy (EUO clause) | Yes - may attend (not addressed by statute) | Reasonable time/place; as often as reasonably required (statutory form) | Statutory standard fire policy EUO clause: submit to EUO as often as reasonably required | [oklegislature.gov](https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf) |
| **Oregon** | ORS 742.230 required fire policy provision (EUO clause) | Yes - may attend (not addressed by statute) | As often as reasonably required (statutory form) | Statutory standard fire policy EUO clause: submit to EUO as often as reasonably required | [oregon.public.law](https://oregon.public.law/statutes/ors_742.230) |
| **Pennsylvania** | 40 P.S. § 636 standard fire policy (EUO clause) | Yes - may attend (not addressed by statute) | As often as reasonably required (statutory form) | Statutory standard fire policy EUO clause: submit to EUO as often as reasonably required | [codes.findlaw.com](https://codes.findlaw.com/pa/title-40-ps-insurance/pa-st-sect-40-636/) |
| **Rhode Island** | R.I. Gen. Laws § 27-5-3 standard fire policy (EUO clause) | Yes - may attend (not addressed by statute) | As often as reasonably required (statutory form) | Statutory standard fire policy EUO clause: submit to EUO as often as reasonably required | [webserver.rilegislature.gov](https://webserver.rilegislature.gov/Statutes/TITLE27/27-5/27-5-3.htm) |
| **South Carolina** | Policy language (S.C. Code Title 38 ch. 75 has no standard fire policy form with EUO language) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement | [scstatehouse.gov](https://www.scstatehouse.gov/code/t38c075.php) (not confirmed from text) |
| **South Dakota** | Policy clause only (SDCL ch. 58-11 policy-form chapter has no standard fire policy) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement; no SD appellate EUO case located | [sdlegislature.gov](https://sdlegislature.gov/Statutes/58-11) |
| **Tennessee** | Policy clause only (no TN EUO or standard fire policy statute) | Yes - may attend (no statutory right) | Reasonable time/place per policy; as often as reasonably required (policy) | *Spears v. Tenn. Farmers Mut. Ins. Co.*, 300 S.W.3d 671 (Tenn. Ct. App. 2009), following *Shelter Ins. Cos. v. Spence*, 656 S.W.2d 36 (Tenn. Ct. App. 1983): EUO is a condition precedent; unsworn statements or later litigation depositions do not cure a refusal | [static.case.law](https://static.case.law/sw3d/300/cases/0671-01.json) |
| **Texas** | Policy language (Tex. Ins. Code § 542.003 lists unfair claim settlement practices but has no EUO provision) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement; § 542.003 general claim-handling standards apply | [texas.public.law](https://texas.public.law/statutes/tex._ins._code_section_542.003) |
| **Utah** | Policy clause only (Utah Code § 31A-21-312 governs notice/proof of loss, no EUO or standard fire form) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement; § 31A-21-312(2): late notice/proof of loss bars recovery only if insurer shows prejudice; no UT appellate EUO case located | [le.utah.gov](https://le.utah.gov/xcode/Title31A/Chapter21/31A-21-S312.html) |
| **Vermont** | Policy language (8 V.S.A. ch. 105 has no standard fire policy/EUO language) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement | [legislature.vermont.gov](https://legislature.vermont.gov/statutes/fullchapter/08/105) (not confirmed from text) |
| **Virginia** | Va. Code § 38.2-2105 standard fire policy (EUO clause) | Yes - may attend (not addressed by statute) | As often as reasonably required (statutory form) | Statutory standard fire policy EUO clause: submit to EUO as often as reasonably required | [law.lis.virginia.gov](https://law.lis.virginia.gov/vacode/title38.2/chapter21/section38.2-2105/) |
| **Washington** | Policy language (WAC 284-30 contains no EUO provision; no standard fire policy statute) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement; WA courts reportedly require insurer to show actual prejudice from EUO noncompliance (*Staples v. Allstate*, 2013) (citation not verified) | [app.leg.wa.gov](https://app.leg.wa.gov/wac/default.aspx?cite=284-30&full=true) (not confirmed from text) |
| **West Virginia** | W. Va. Code § 33-17-2 requires conformity to 1943 NY standard fire policy (EUO clause incorporated) | Yes - may attend (not addressed by statute) | As often as reasonably required (standard form) | EUO duty is statutory-form language by incorporation | [code.wvlegislature.gov](https://code.wvlegislature.gov/33-17-2/) (not confirmed from text) |
| **Wisconsin** | Wis. Admin. Code Ins 6.76(3)(k) required fire policy provisions (EUO clause) | Yes - may attend (not addressed by rule) | As often as reasonably required (regulatory form) | Regulatory standard fire policy EUO clause: submit to EUO as often as reasonably required | [docs.legis.wisconsin.gov](https://docs.legis.wisconsin.gov/code/admin_code/ins/6/76) |
| **Wyoming** | Policy language (Wyo. Stat. Title 26 has no standard fire policy/EUO clause) | Yes - may attend (no statutory right) | Reasonable time/place per policy | Standard contract enforcement | [wyoleg.gov](https://wyoleg.gov/statutes/compress/title26.pdf) |

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## States with Enhanced EUO Protections

### California (Most Protective)
- **Cal. Ins. Code § 2071.1** (10 CCR § 2695.7 contains no EUO provision)
- EUO may only be conducted to obtain information **relevant and reasonably necessary** to process or investigate the claim (§ 2071.1(a)(2))
- Insurer must give **notice** of its determination to conduct an EUO and include a **copy of the statute** (§ 2071.1(a)(1))
- **Reasonable notice**, at a **reasonably convenient place**, for a **reasonable length of time** (§ 2071.1(a)(3))
- Insured may be **represented by counsel** and may **record the entire examination** (§ 2071.1(a)(4))
- Insurer must provide a **free transcript or recording within 10 business days** of request (§ 2071.1(a)(5))
- Insured may assert **deposition-type objections** (§ 2071.1(a)(6))
- Case law: *Brizuela v. CalFarm* (2004); *Abdelhamid v. Fire Ins. Exch.* (2010) - EUO is a condition precedent; unexcused failure to appear bars suit

### New York (No-Fault Auto Claims Only)
- **11 NYCRR 65-3.5(e)** and **65-3.6(b)** apply to no-fault (PIP) claims, not to property claims; property EUOs rest on the Ins. Law § 3404 standard fire policy clause
- EUO must be at a time and place **reasonably convenient to the applicant** (65-3.5(e))
- Insurer must inform the applicant of **reimbursement for lost earnings and reasonable transportation** (65-3.5(e))
- EUO requirement must rest on **objective standards** available to DFS examiners (65-3.5(e))
- If requested verification is not supplied within 30 days, insurer must **follow up within 10 calendar days** (65-3.6(b)); the rule that a second scheduled EUO is required before denying for nonappearance comes from case law applying 65-3.6(b), not from regulation text
- The regulation does **not** address attorney presence

### Florida (PIP Only)
- **F.S. § 627.736(6)(g)** applies to PIP (auto no-fault) claims only; property EUOs rest on policy language (§§ 627.70131 and 627.7142 contain no EUO provisions)
- PIP EUO scope is limited to **relevant information**; compliance is a **condition precedent** to benefits
- Requesting EUOs **without reasonable basis as a general business practice** is an unfair practice under § 626.9541
- The statute says nothing about attorney presence, harassment, or good-faith scheduling
- Case law (property): *Goldman v. State Farm Fire* (Fla. 4th DCA 1995) - EUO is a condition precedent; no showing of prejudice required; see also *Solano* (3d DCA 2014) and *FIGA v. Whistler's Park* (Fla. 2014)

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## Policyholder Rights at EUO (All States)

| Right | Description |
|-------|-------------|
| **Attorney Presence** | Customarily permitted; a statutory right exists only in California (§ 2071.1(a)(4)). Elsewhere it is not addressed by statute |
| **Public Adjuster Presence** | Generally permitted unless the policy specifically restricts it |
| **Reasonable Scheduling** | Standard fire policy language requires records at a reasonable time and place; CA requires reasonable notice, place, and length; NY no-fault requires reasonable convenience |
| **Transcript Request** | Policyholder may request a copy of the transcript (CA: free within 10 business days; others: per policy/practice, may charge) |
| **Separate Examinations** | Insurers may examine insureds separately (standard policy language) |

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## Valid Excuses for Non-Compliance

Courts have recognized the following as potential reasons for excusing policyholder non-compliance (availability and standards vary by state; verify local authority):

1. **Defective notice** of intent to examine
2. **Unreasonable time or place** for examination
3. **Medical incapacity** to attend (must be documented)
4. **California**: request outside the scope of relevant and reasonably necessary information, or failure to follow § 2071.1 procedures
5. **New York no-fault**: insurer failure to follow the 65-3.6(b) follow-up sequence

---

## Consequences of Non-Compliance

| Consequence | Application |
|-------------|-------------|
| **Claim Denial** | Most common consequence; breach of a policy condition precedent (e.g., CA *Brizuela*; FL *Goldman*) |
| **Prejudice Requirement** | Split: FL *Goldman* and IN *Morris* (848 N.E.2d 663) require no showing of prejudice for the EUO condition; MO treats the EUO as part of the cooperation clause and requires substantial prejudice plus reasonable diligence (*Hendrix v. Jones*, 580 S.W.2d 740); WA reportedly requires actual prejudice (*Staples v. Allstate*, 2013 - citation not verified) |
| **Waiver by Insurer** | If insurer continues investigating without the EUO, it may waive the right |
| **No Criminal Penalty** | EUO is a policy condition, not a criminal statute; no criminal liability for refusal |
| **Coverage Forfeiture** | In some states, willful failure to comply = complete forfeiture of coverage |

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## Best Practices for Claims Professionals

1. **Verify Notice Compliance**: Ensure the EUO request follows the policy and any state requirements
2. **Document Scheduling Efforts**: Keep records of all scheduling communications
3. **California Claims**: Follow § 2071.1 (copy of statute with notice, relevance, convenience, recording, free transcript within 10 business days)
4. **New York No-Fault Claims**: Follow the 65-3.5(e) convenience/reimbursement notice and 65-3.6(b) follow-up sequence before denying for nonappearance
5. **Florida PIP Claims**: Keep EUOs within relevant scope; avoid baseless EUO requests (§ 626.9541)
6. **Standard Fire Policy States**: Cite the statutory form clause, not just the policy, when enforcing the EUO condition
7. **Check Policy Language**: In most states EUO requirements derive from the policy; verify the specific wording

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## Key Takeaways

- **Attorney Presence**: Customarily allowed everywhere, but a statutory right only in California
- **Attorney's Limited Role**: Generally cannot object to questions or conduct cross-examination (CA excepted)
- **State Variations**: CA has the only EUO-specific statute; NY and FL rules are limited to no-fault/PIP claims
- **Standard Fire Policy States**: 22 states make the EUO clause a statutory or regulatory form condition
- **Most Other States**: Rely on policy language and general fair claims handling standards
- **Compliance is Critical**: Failure to comply = potential claim denial
- **Waiver Possible**: Insurer conduct may waive the right to an EUO

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*This table is for reference purposes only and does not constitute legal advice. State laws and regulations change; verify current requirements before relying on this information.*