Examination under Oath (EUO) and the Duty to Cooperate

The carrier has demanded that our insured produce employees for an examination under oath. The employees do not want to appear. Does this cause a violation of insured's duty to cooperate? 

California Subscriber

Under the ISO CP 00 10, the duties in an event of loss section stipulates that the insured may require an examination of insureds under oath. If the employees are not insureds, then it is our opinion that the duty is not violated. If the insured is doing everything it can to cooperate and the employees refuse to appear for the examination under oath, that is beyond the insured's control.

 

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