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Under-Utilization of the Cooperation Clause and Related Policy Conditions

By Robert N. Berg

Recently, a number of insurance industry clients have been bringing to my attention with increasing frequency questions regarding an insured's duty to cooperate. The questions have been much more frequent with respect to first-party coverage. Thus, I thought this would be an opportune time to address these issues.

There are numerous “standard” conditions in various types of liability and first-party insurance policies. One common condition is the “cooperation clause.” First-party policies often have several clauses that require the insured to cooperate during the investigation and processing of claims. Typical conditions in a first-party policy, in addition to the cooperation clause, would include the condition mandating that an insured provide a proof of loss, as well as the condition mandating that an insured provide necessary documents to process a claim, and then submit to an examination under oath.

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