Two'Wrongs'Make a Right to Coverage:When Waiver or Estoppel Precludes an Insurer's Breach of Cooperation Defense

摘要

Liability insurance policies almost always contain a provision requiring the policyholder to cooperate with the insurance company in various ways.An insured's failure to comply with such a condition may preclude coverage.When an insurer asserts a breach of the cooperation provision defense to a claim for coverage,however,the insured may counter that the insurer either waived,or is estopped from relying on,the cooperation provision.This article provides a brief outline of waiver/estoppel issues to be considered in evaluating an insurer's conduct when it asserts a non-cooperation defense.