In your practice, do you object when defending a examination under oath? Or make some sort of statement at the beginning that you reserve the right to make objections at a later date should the insured decide to file suit? I’ve only done one of these before and it’s been a few years.

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If you mean a statement under oath from the injured person to the defendant’s insurance company, I never allow those.

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In CA (and other jx) an EUO is required upon request under the insurance code if required in the policy; you can state objections as if it were a deposition. Refusing to agree to one is a bad look and will not help your clients case.

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In CA, you only have to do it when your client’s own insurance company asks for it. I never agree to an examination under oath from the defendant’s carrier. That’s what depositions are for.

In CA EUO’s typically only occur in UM/UIM arbitration matters. Yes the rules still apply, just as if it were full blown litigation.

I don’t make form objections. I will object for WP and ACP and instruct client not to answer.

I object to medical causation questions if I think client will give wrong answer and when attorney is obviously harassing and intimidating my client rather than obtaining information. Otherwise, I don’t object.

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