After I filed my sinkhole claim, the company contacted me and asked that I participate in an “examination under oath”? What is this, and am I required to do so?

Nearly every insurance policy has contractual language that requires the insured homeowner to cooperate during the investigation of a sinkhole claim by the insurance company. At times, an insurance company may request their insured to submit documentation and to provide a statement under oath concerning the facts of the claim.

Although this type of request during the initial investigation of a sinkhole claim is uncommon, when such a request is made, you must cooperate with the insurance company. This duty to cooperate includes providing sworn statements (an examination under oath) as well as responses to reasonable requests for documents.

Sometimes this type of investigation is premised on the theory that there was a prior sinkhole claim or that there is factual information necessary that the insurance company does not have in their possession. Regardless of why the insurance company makes these requests to substantiate your sinkhole claim, you ordinarily need to fully cooperate to the best of your ability. We have appeared at countless examinations under oath, and we know what to expect. Please contact us to discuss your legal options and to how to best protect your rights under the insurance contract and Florida law.

Read our tips on filling out a sinkhole claim.

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