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The Right to Associate in the Defense

By Paul R. Koepff and Erica J. Kerstein
January 31, 2015

Many excess insurance policies provide insurers with the right, but not the obligation, to associate with the insured and/or its underlying insurers in the defense and control of the underlying lawsuit. This “right to associate” permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.

The “right to associate” clause, typically found in the cooperation section of the insurance policy, usually provides in form or substance:

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