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WHAT ARE EXAMINATION UNDER OATH, DECLARATION PAGES, EXCLUSION AND BAD FAITH?

What is a Statement Under Oath or Examination Under Oath?

Almost every insurance policy requires an insured to appear for an Statement or Examination Under Oath ("EUO") upon request as one of the duties of the insured post-loss. The EUO is a formal proceeding conducted by an attorney hired by the policyholder's insurance company in front of a before a court under oath. Just like a deposition, the statements the policyholder makes under oath at an EUO are admissible in a court of law. The policyholder does have the right to have an property damage attorney present but the policyholder's property damage attorney may not ask questions and may not raise objections. This is the primary difference between an EUO and a deposition.

What is a Declarations Page?

A declarations page, often referred to as a "dec page," is usually a one or two page document that accompanies your property damage insurance policy. The dec page typically lists the named insureds on the policy, the various limits of coverage, any endorsements on the policy, and the yearly premium payment. It is important to review your declarations page yearly to confirm that you have the correct coverage limits and to immediately notify your homeowners insurance company immediately if you feel that your coverage limits are inadequate. If you are unsure if you are property damage insurance policy coverages are sufficient, you should contact an experienced property damage insurance attorney.

What is an Exclusion in a Property Damage Insurance Policy?

An exclusion is a specific term found in a property damage insurance policy which removes specific causes of damage from coverage under the insurance policy. For example, if a property damage insurance policy included an exclusion for wear and tear, damages that were caused by wear and tear would not be covered by the insurance company.

What is Pennsylvania Insurance Company Bad Faith?

In Pennsylvania, an insurance company has a duty to act fairly and honestly with its policyholders and may not unreasonably withhold insurance money or benefits. At Rehmeyer & Allatt Attorneys at Law, we provide representation where it is alleged that the insurance company has acted unreasonably in the withholding of insurance money or benefits from its policyholders. Such actions which may be considered bad faith under Pennsylvania law include allegations that an insurance company:

1. Failure to pay a claim;
2. Failure to settle a claim;
3. Failure to timely investigate the claim and make a coverage decision;
4. Failure to defend or indemnify an individual or business against a lawsuit.

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