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Under-Utilization of the Cooperation Clause and Related Policy Conditions

The Examination Under Oath is an old, time-tested tool. It is a condition in the policy, and the purpose is to allow insurers to obtain necessary information and documentation to process claims. The purpose of the discussion in this article is to show that courts recognize this condition and enforce cooperation between insured and insurer.

24 minute read October 28, 2011 at 10:07 AM
By
Robert N. Berg
Under-Utilization of the Cooperation Clause and Related Policy Conditions

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.

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