Perspective
Apr. 28, 2011
The Cooperation Clause
Insurers who claim to be excused from their duties because their insureds failed to cooperate are taking a gamble. By Kirk Pasich of Dickstein Shapiro LLP.
Most liability insurance policies have some form of a "cooperation clause." This clause typically is a condition in the policy stating that the insured must "[c]ooperate with us in the investigation or settlement of the claim or defense against the 'suit.'" Commercial General Liability Coverage Form, Section IV (ISO Properties Inc. 2006).
Insurers frequently argue that they are excused from performing their dut...
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