Tag Archives: Cooperation Clause

Refusing to Answer Questions at an EUO is Usually Not A Good Idea

Recently, it seems like I have been privy to a relatively high number of insureds asked by their carrier, following a loss, to submit to an examination under oath (commonly referred to as an EUO). The most common question I received was, “Can I just choose not to answer or attend?” Although the choice is … Continue Reading

The Cooperation Clause – Do I have to Cooperate with the Insurer’s Investigation?

Public adjuster and policyholder advocates often get questions from insureds about the extent that insureds must cooperate with insurers during the investigation stage of a claim. As an example, some insureds have asked me whether they really must produce financial documents and receipts in a theft claim. Insureds often ask why the insurer is making … Continue Reading

Insurance Company Has to Have Reasonable Requests Pursuant to the Policy

When submitting a claim to an insurance company, a policyholder has certain obligations that must be followed. The insurance policy contract lists the obligations. The policy document was written by the insurance company and approved (most of the time) by the insurance regulatory agency for the state where the property is located. Insurance contracts are … Continue Reading

An Insured’s Duty to Cooperate in Pennsylvania

Earlier this week, I was in Austin, Texas, attending a deposition with Chip Merlin on a hail damage claim. Texas is known for their barbeque so we decided to try out The County Line BBQ on Lake Austin. If you are in Austin, I highly recommend it. This led me to today’s blog topic – … Continue Reading

The Lack Of Cooperation Defense May Not Really Be As Broad As It Seems

The lack of cooperation defense seems to be raised more often than it probably should in first-party property insurance claims. In Florida, and many other states, the insurance carrier has the burden to prove any lack of cooperation by the policyholder in a first-party property insurance claim substantially prejudiced it before any such breach would … Continue Reading

Insurance Policy Conditions (a/k/a/ Land Mines): Part 7 – Damage Inspection

Most policies contain a post-loss condition requiring the insured to show the insurer damaged property “as often as [the insurer] reasonably require[s].” It is rare to find a policyholder bothered by the fact that an insurance company over-inspected damages during claim adjustment. Sure, sometimes insurers request one inspection after another in an effort to exhaust … Continue Reading

One Court’s Interpretation Regarding the Duty to Cooperate in Texas

Most – if not all — insurance policies contain a cooperation provision stating that a policyholder must cooperate when making an insurance claim. I have often found that insurance companies like to argue that they cannot properly evaluate the damages because a policyholder has violated the policy by not cooperating during the investigation. In fact, … Continue Reading

Late Notice Of The Claim Part 5 – In Florida, Different Presumptions Arise Depending On Whether We Are Discussing A Policy Notice Provision Or A Policy Cooperation Clause

As previously noted in the first four posts of the Hurricane Law series discussing Late Notice of Claims, in Florida, if a policyholder does not timely report an insurance claim to the insurance carrier, prejudice to the insurer will be presumed. This presumption may be rebutted by a showing that the insurer was not prejudiced … Continue Reading

Consequences of a Policyholder’s Failure to Mitigate

(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is part of a series he is writing on post-loss duties). Think about this for a moment. A homeowner accidentally leaves something in the oven before heading off to the mall for an afternoon of … Continue Reading

Five Basic Rules for a Successful Insurance Claim

Dedicated insurance professionals, such as the lawyers in our firm, can spend their entire careers learning this area of the law. However, sometimes people become consumed in the details and neglect essential principles. It is a good idea, from time to time, to check that we have touched all the bases. Accordingly, here is a quick review of five important principles....… Continue Reading

Cooperation Clause Does Not Require the Policyholder’s Slavish Obedience

It is curious how some insurance company claims managers allow their insurance defense counsel to treat their customers with an arrogant, demeaning tone, along with long requests for largely irrelevant lists of information following a loss. Any objection to the treatment is usually met with a threat the claim will be turned down for a … Continue Reading