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
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.
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 (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 (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 (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 |
| 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 (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 |
| 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 (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 |
| 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 |
| 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 (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 (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 (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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 (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 |
| 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 |
| 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 (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 |
| 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 |
| 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 |
| 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 (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 |
| 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 |
| 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 |
| 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 |
| 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 (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 |
| 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 |
| 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 |
| 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 |
| 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 (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 |
| 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 (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 (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 |
| 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 |
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)
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) |
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):
- Defective notice of intent to examine
- Unreasonable time or place for examination
- Medical incapacity to attend (must be documented)
- California: request outside the scope of relevant and reasonably necessary information, or failure to follow § 2071.1 procedures
- 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 |
Best Practices for Claims Professionals
- Verify Notice Compliance: Ensure the EUO request follows the policy and any state requirements
- Document Scheduling Efforts: Keep records of all scheduling communications
- California Claims: Follow § 2071.1 (copy of statute with notice, relevance, convenience, recording, free transcript within 10 business days)
- 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
- Florida PIP Claims: Keep EUOs within relevant scope; avoid baseless EUO requests (§ 626.9541)
- Standard Fire Policy States: Cite the statutory form clause, not just the policy, when enforcing the EUO condition
- Check Policy Language: In most states EUO requirements derive from the policy; verify the specific wording
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
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.