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The Cooperation Clause

An insured's alleged failure to cooperate will not often be a successful defense to coverage. Furthermore, even if the claim may have some merit, there must be substantial prejudice, something that an insurer typically cannot prove while the underlying lawsuit is pending.

33 minute read May 28, 2009 at 04:49 PM
By
Kirk A. Pasich
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.'”

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