Tag Archives: Cooperation Clause

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

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

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
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