Insurance
Feb. 10, 2012
The cooperation clause: Rarely a successful defense to coverage
Even if an insured does not honor the cooperation clause, it does not necessarily lose coverage.
Kirk A. Pasich
Partner and Co-Leader of the Insurance Recovery Group
McGuireWoods LLP
Phone: (310) 956-3462
Email: kpasich@mcguirewoods.com
Loyola Law School
Most liability insurance policies contain a "cooperation clause" as one of their conditions. It typically states that the insured must "[c]ooperate with [the insurer] in the investigation or settlement of the claim or defense against the 'suit.'" Commercial General Liability Coverage Form, Section IV2c(3) (ISO Properties Inc. 2006).
By its terms, the cooperation clause relates only to the investigation or settlement of a claim or a defense against a suit brought against the insure...
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