Legal Question in Insurance Law in Maryland

examination under oath

Hello,

I would like to know how do you correct answers you gave under an examination under oath (for insurance purposes), due to incorrect recollection of the situation. I was given a copy of the transcript but was told I can only change yes or no answers, how can I change more than that so that it is clear it was my recollection that was unclear, not that I was purposely withholding the truth or lying.

Thank You


Asked on 6/19/03, 7:40 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: examination under oath

Two methods are available. You can prepare a statement of correction or you can supply an affidavit. You may want to obtain the service of an attorney. Joe Holthaus (410) 799-9002

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Answered on 6/20/03, 5:26 pm
Ranji Garrett Law Office of Ranji M. Garrett

Re: examination under oath

You are quite right--you cannot after the fact go back and change the answers you have given an insurance company in an examination under oath (typically abbreviated as "EUO" in insurance circles). However, if some of your answers were not correct because of poor recollection, you should definitely inform the insurance company of this. If it discovers on its own that some of your answers were not correct, it may assume that you were lying, and use this as a basis to deny your claim. Probably the simplest way to handle this is to write a letter to the attorney who conducted the EUO or the claim adjuster explaining what the inaccuracies are and why they were made.

Good luck, and feel free to contact me if you need assistance in this matter.

Ranji Garrett

301-296-4474

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

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Answered on 6/19/03, 7:49 pm


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