11th Circ. Cracks Down On Insureds' Failure To Cooperate

Law360, New York (October 25, 2016, 1:28 PM EDT) -- J. Stephen Berry

Joanne L. Zimolzak

Jason C. Reichlyn As a condition to coverage under standard liability policies, the insured is required to cooperate with its insurer. The provision, termed the "cooperation clause," typically requires the insured to assist with and participate in the investigation, defense and settlement of a claim or suit.

Traditionally, the insured's failure to comply with the cooperation clause meant that the insurer could void the policy and provide no coverage for a corresponding loss or claim. However, even if an insured does not honor the cooperation clause, it does not necessarily forfeit coverage. Courts across the...

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