Am I Entitled to a Copy of My Examination Under Oath in New York?
Yes. New York Insurance Law § 3406 is titled "Copy of examination of insured to be delivered to insured" and provides for delivery of the insured's examination to the insured. If your insurer takes a recorded, sworn examination in connection with a property claim, you are entitled to receive a copy of it — an important protection, because that transcript can be used to test your later statements and to support a denial.
Key Points
- An examination under oath (EUO) is a sworn, transcribed session, usually conducted by counsel for the insurer.
- Section 3406 provides for delivery of the examination to the insured.
- Request your copy in writing and keep it with your claim file.
- An EUO request often signals the carrier is considering a coverage defense — get representation before you sit.
What an examination under oath involves
An EUO is not a friendly recorded statement. It is typically taken by an attorney for the insurer, under oath, with a court reporter, and it covers the loss, your financial circumstances, occupancy, prior claims, and the accuracy of your submissions. Answers are compared against your application, proof of loss, and documentation.
Cooperation with a reasonable examination is normally a policy condition, so refusing outright creates its own problem. The right response is preparation, not avoidance: know your own documents, answer only what is asked, and correct the record where you are unsure rather than guessing.
Why the transcript matters
Because the transcript becomes the fixed version of your account, having your copy under § 3406 lets you check it for errors, keep your later submissions consistent with it, and see what the carrier was actually probing.
If you have been asked to sit for an examination under oath on a Long Island or NYC property claim, get help first. Long Island Public Adjusters can review where the claim stands, and there are situations where the right referral is to an attorney rather than an adjuster. Call 516-410-0164.
Official text and citation
This page is a plain-English summary written for policyholders. The controlling language is the official text of N.Y. Insurance Law § 3406, and your own policy governs your claim. Nothing here is legal advice.
Read Insurance Law § 3406 (official text)Copy of Examination Under Oath: Frequently Asked Questions
Common questions New York policyholders ask about this rule.