Florida claims
Proof of loss and examination under oath: two requests to take seriously
What a sworn proof of loss and an examination under oath are, why insurers ask for them in Florida property claims, and how to prepare for each one.
By Ricardo Arevalo, Florida Public Adjuster · Published
Two common policy conditions
Most property policies list duties you must meet after a loss. Two of the most formal are the sworn proof of loss and the examination under oath (EUO). Both are usually requested by the insurer, both are given under oath, and not complying with them can affect the claim. The exact wording and deadlines are in the conditions section of your policy.
What a proof of loss is
A proof of loss is a signed, sworn statement of what you are claiming. Many policies ask for it within a set period after the insurer requests it, often 60 days. It typically includes:
- The date, time and cause of the loss
- The interest of everyone in the property, such as a mortgage company
- Other insurance that may cover the loss
- The amount claimed, supported by estimates, inventories and invoices
Receiving proof-of-loss statements also starts some of the insurer’s timelines under section 627.70131, such as beginning its investigation within 7 days and inspecting within 30 days.
What an examination under oath is
An EUO is a formal interview, usually recorded by a court reporter, in which you answer the insurer’s questions under oath about the loss, the property and the claim. Insurers often request it on larger or disputed claims. Policies may also ask you to provide records, such as bank statements, receipts or repair invoices, and to sign the transcript afterward.
How to prepare
Preparation is mostly about accuracy:
- Review your timeline, photos, estimates and inventory before the date
- Answer only what is asked, and say “I don’t know” or “I don’t remember” when that is the truth
- Bring or send the documents requested, and keep copies
- Ask for a copy of the transcript and review it before signing
You may have an attorney present at an EUO. For legal advice about an EUO, consult an attorney.
Why accuracy matters
Under section 817.234 of the Florida Statutes, knowingly presenting false, incomplete or misleading information to support a claim is insurance fraud, and the law includes proofs of loss and estimates among those statements. An honest “I’m not sure” is always better than a guess. A public adjuster can help prepare the proof of loss and organize the documents behind it.
Frequently asked questions
Do I have to sign a sworn proof of loss?
If your policy requires one and the insurer requests it, providing it is usually a condition of the claim. Check the deadline in your policy and ask for more time in writing if you need it.
What is an examination under oath in an insurance claim?
It is a formal, recorded interview in which you answer the insurer’s questions about the loss under oath. It is a policy condition, not a lawsuit.
Can a public adjuster prepare my proof of loss?
Yes. A public adjuster can prepare the proof of loss and the estimate behind it. Legal advice about an examination under oath requires an attorney.
General information only, based on Florida law at the date shown. It is not legal advice, and initial guidance does not replace an evaluation by a licensed public adjuster.
