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The Cooperation Clause
Most liability insurance policies have a “cooperation clause.” This clause typically is found in the “conditions” section of the policy. The standard clause states 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, ' IV, 2.c(3) (ISO Properties Inc., 2007). Insurers frequently argue that they need not perform their duties when an insured fails to cooperate with them.
By its terms, the duty to cooperate specifically addresses an investigation or settlement of a claim or a defense in a suit brought against the insured that may be covered by the policy. Nothing in the clause states that an insured must cooperate with an insurer in its efforts to assess possible coverage defenses. Rather, the focus is on the defense of the insured in the underlying lawsuit.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.