Hunton Insurance Recovery Blog

Examinations under oath (EUOs) are a common coverage condition in property and other first-party insurance policies that can make or break an insurance claim.  In theory, EUOs are straightforward:  they’re an investigative tool for insurers to gather information about a claim.[1]  But in practice, insurers often use them to poke holes in the policyholder’s story, identify grounds to challenge coverage, and even set up fraud claims. 

Recent business disruptions have highlighted  the vulnerabilities retailers face when unexpected events force closures.  Whether it’s a utility outage disrupting operations or a fire at a supplier’s facility or neighboring property cutting into sales, insurance may help cover business interruption losses.

The highest court in Massachusetts recently held that term “Flood” and the associated phrase “surface waters,” as used in two all-risk insurance policies, is ambiguous in the context of water that accumulated on a parapet roof and rooftop courtyard, thereby negating the insurers’ attempt to limit coverage to a sublimited coverage for “Flood.” 

Exercising its newly expanded jurisdiction that now permits Virginia’s intermediate appellate courts to hear insurance coverage disputes, the Court of Appeals recently reversed a lower court decision that allowed a two-year “Suits Against Us” provision to serve as a basis for an insurer’s refusal to reimburse repair and replacement costs incurred more than two years after the date of loss. Bowman II v. State Farm Fire and Casualty Co., Record No. 1256-22-3 (Nov. 21, 2023). CAV (unpublished opinion).