What is the difference between a recorded statement and an examination under oath?

A recorded statement is an informal interview, usually by phone, taken by an adjuster early in the claim; you are not under oath. An examination under oath (EUO) is formal testimony: you swear to tell the truth, a court reporter transcribes everything, and the insurer's attorney typically asks the questions, often with a document demand. Both arise from the policy's post-loss duties, but an EUO signals close scrutiny of the claim. Speak with an attorney before sitting for any EUO.

Can my lawyer attend the recorded statement?

Yes. Nothing in a standard Florida property policy prevents your attorney from being present, on the phone or in person. Counsel cannot answer for you, but can object to improper questions, flag questions that mischaracterize the facts, and keep the interview within the scope of the claim. We prepare policyholders before the call and attend the statement itself, and the cooperation clause is fully satisfied either way.

What if I already gave a recorded statement and misspoke?

An honest mistake is usually correctable. Ask the insurer for a copy of the recording or transcript, then send a written correction as soon as you spot the error, before the misstatement hardens into the claim file. Guessing at a date of loss or the cause of damage under stress is common. Intentional misrepresentation is different (Florida policies void coverage for material fraud), so if the correction involves the cause or timing of the loss, have an attorney review it first.

Do I have to give a recorded statement to the other party's insurance company?

No. The cooperation clause binds you only to your own insurer. If a neighbor's tree, a vehicle, or a contractor's work damaged your property, the at-fault party's liability carrier has no contract with you and no right to demand a statement, and anything you volunteer can be used to minimize what it owes. Speak with an attorney before giving any statement to a carrier other than your own.

Should I Give My Insurance Company a Recorded Statement?

Written and reviewed by Cory Cannon, Esq.

Published July 12, 2026 Updated October 10, 2026

Usually, yes. Nearly every Florida property insurance policy contains a cooperation clause (a post-loss duty requiring you to assist your insurer’s investigation) and a reasonable request for a recorded statement generally falls within it, so refusing outright can jeopardize your coverage.

But the policy requires cooperation, not an on-the-spot performance. You may schedule the statement for a date when you are prepared, review your policy and photos first, and have an attorney present. Two distinctions matter: the duty runs only to your own insurer (you owe nothing to a third party’s liability carrier), and a recorded statement is not an examination under oath (EUO), a formal sworn proceeding you should not sit for without counsel.

Findings Summary

Florida property policies condition coverage on post-loss duties, including cooperation; unjustified refusal can be treated as a breach.
A recorded statement is informal and unsworn. An examination under oath is sworn, transcribed testimony with higher stakes.
You may prepare before speaking and have an attorney present for either.
A statement request alone does not pause insurer deadlines. Section 627.70131(8) can toll them for qualifying failure to supply requested material information or during specified dispute resolution.

What a Recorded Statement Is

A recorded statement is an informal interview, usually by telephone, in which the adjuster asks about the loss while recording the call. You are not under oath, but the recording becomes part of your claim file, and the carrier will compare it against your sworn proof of loss, your contractor’s estimate, and any engineer report it later commissions, looking for inconsistencies.

How to Give a Statement Without Hurting Your Claim

Review first. Re-read your policy’s duties-after-loss section, confirm the date of loss, and go through your photos and receipts.
State facts, not theories. Describe what you saw and when. “I don’t know” and “I would have to check” are complete answers. Do not guess.
Do not speculate on causation. “Maybe the roof was just old” is an opinion the carrier can quote back to support a wear-and-tear exclusion. When causation is disputed, we retain independent licensed engineers to answer it.
Do not adopt the adjuster’s characterizations. If a question restates your loss as “just a small leak,” correct the premise before you answer.
Ask for a copy of the recording, and keep your own notes.

An Examination Under Oath Is a Different Event

An EUO is sworn testimony under a separate policy provision, transcribed by a court reporter, usually conducted by the insurer’s lawyer with a document demand attached. Refusing a properly noticed EUO can defeat the claim entirely, and carriers typically reach for one when scrutinizing coverage or building toward a denial. Treat an EUO notice as the point to involve a lawyer: before the examination, not after.

The Statutory Clock Keeps Running

The insurer’s deadlines do not pause for its own investigation. Under section 627.70131(8), they pause during mediation under section 627.7015 or a dispute resolution process the policy provides, such as appraisal. They also pause when the insurer asks you for material claim information at least 15 days before its pay-or-deny deadline and you do not provide it within 10 days after receiving the request, until the insurer receives it. Fla. Stat. 627.70131 requires the insurer to acknowledge your claim within 7 days, begin investigating within 7 days of receiving your proof of loss, conduct any physical inspection within 30 days after receiving that proof of loss, and pay or deny within 60 days of notice. Our insurer response timeline checker maps those dates to your claim; the insurance claim deadline calculator explains your reporting periods. If demands pile up while those deadlines lapse, see our insurance bad faith page.

If the Real Dispute Is With Your Contractor

Sometimes the damage traces to defective workmanship rather than a sudden peril. A claim against a builder or contractor follows a different path; start with our construction defects overview.

Help With a Statement Request

We review the policy and claim file, prepare you for the likely questions, and attend the statement or EUO with you. I grew up around construction, and I read carrier scopes and estimates line by line. We represent policyholders, never insurers, and some matters may be accepted on contingency; the initial consultation is free. See our property insurance claims page, browse our resources library, or send us the adjuster’s request before you answer it.

We may advance case costs. In certain circumstances, you may be responsible for case costs under your written agreement or the opposing party’s attorney’s fees or costs under applicable law, even without a recovery.