Many liability insurance policies include a duty or obligation for the policyholder (insured) to cooperate with the insurance company (insurer). This clause in the insurance policy (contract) is known as the cooperation clause.
The duty to cooperate generally requires insureds to cooperate with their insurer when filing an insurance claim. This cooperation often involves:
• Providing relevant information about the claim during the investigation;
• Assisting in the investigation;
• Avoiding any action that compromises the claim or investigation; and
• Providing access to relevant records.
An insured’s cooperation generally allows the insurer to investigate the claim, make an informed decision on coverage of the claim, and prevent insurance fraud. The insured must be careful in its communications with the insurer during this cooperation phase, as communications and information shared with the insurer may be discoverable (obtainable) by an opposing party in litigation over the underlying event.
If an insured fails to fulfill its duty to cooperate with the insurer, the insurer may have grounds to deny coverage for the claim or terminate the insurance policy. Insurance coverage and claims issues are often complex and an insured is usually well-served by promptly discussing these matters with an experienced insurance coverage lawyer.
In Texas, liability insurance policies commonly include a cooperation clause, which obligates the policyholder to assist the insurance company in the claims process. This duty to cooperate entails providing pertinent information, aiding in the investigation, not hindering the claim or investigation, and granting access to relevant records. Such cooperation is crucial for the insurer to thoroughly investigate the claim, determine coverage, and prevent fraud. Policyholders must be cautious during this phase, as shared information may be accessible to others in potential litigation related to the incident. Failure to cooperate can lead to the insurer denying the claim or canceling the policy. Given the complexities of insurance coverage and claims, policyholders in Texas are advised to consult with an attorney specializing in insurance coverage promptly when dealing with these matters.
