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Publications
Help Me Help You: A Primer on the Cooperation Clause
Bloomberg Law Reports – Insurance Law
August 2009
By:
Timothy Kevane
Insurance policies set forth an exchange of promises and conditions. The provision requiring the insured to "cooperate" with the insurer is one such condition. The nature of the obligation itself has generally raised little controversy. Indeed, it is found in the vast majority of insurance policies in one form or another. But its reach should not be underestimated, insofar as claims have been dismissed outright based on the insured’s failure to cooperate with its insurer. While dismissal may involve egregious facts, the cooperation clause is unambiguous and fully enforceable, and has the potential of resulting in the complete forfeiture of coverage where it is breached. Moreover, forfeiture of coverage based on the cooperation clause is as conclusive a result as if coverage were excluded based upon an exclusion or the untimely notice of a claim.
To read more, please see the article, attached.
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