The short answer
An examination under oath is formal, sworn questioning by the insurer’s lawyer, recorded by a court reporter. Many policies allow the insurer to require one after a claim, and cooperating is usually a condition of coverage.
Why it matters
Refusing to appear, or refusing to answer relevant questions, can cost you the claim. What you say can also be used later if the claim ends up in litigation.
Where it fits in your case
During the insurer’s investigation of a large or complex claim, usually before it decides whether to pay.
What to expect
The requirement is enforced. Illinois courts enforce reasonable, policy-based requests for examinations and documents. Some recent decisions have barred recovery after a refusal without requiring the insurer to show it was harmed.
Isolated problems are different. Courts have been more forgiving where an insured answered most questions and later offered to cooperate, as opposed to a consistent refusal.
Scope. Expect questions about the loss, your records, and often your finances. Document requests usually come first.
Separate examinations. Each insured, and sometimes household members or company officers, may be examined separately.
Representation. You may bring your own lawyer.
The transcript. You are typically given a chance to review the transcript and correct errors.
What to do now
Confirm the date, location, and requested documents in writing.
Gather and organize the records requested.
Consider having counsel prepare you and attend.
Answer truthfully, and say so when you do not know rather than guessing.
What we need from you
The policy, the insurer’s demand for the examination, the claim file, and the documents the insurer requested.
Common misconceptions
“It’s an informal interview.” It is sworn testimony with a transcript.
“I can refuse if it seems unfair.” Refusal can be treated as a breach of the policy.
“I have to go without a lawyer.” You can bring one.