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Legal Issues |
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The Insured’s Duty To Cooperate
Most policies contain a cooperation provision which might read as follows:
"A person seeking any coverage must: The Georgia courts have interpreted the
cooperation clause to require that the insured cooperate with his insurer in
the investigation of accidents, the securing of evidence, giving notice of the
accident, and making full, fair, complete and truthful disclosures of the facts
known to them relative to the claim when called upon to do so.
St. Paul Fire & Marine
Insurance Company v. Gordon, 116 Ga. App. 658 (1967); H.Y.
Akers & Sons, Inc. v. St. Louis Fire & Marine Insurance Company,
120 Ga. App. 800 (1969). A breach of
the cooperation provisions by the insured relieves the insurer of its
obligations to pay any claim asserted. Hurston
v. Georgia Farm Bureau Mutual Insurance Company, 148 Ga. App. 324
(1978).
The insurer has the burden of showing, prima
facie, a violation of the agreement by the insured and that it has been
diligent and acted in good faith in seeking to obtain the insured's
cooperation. The breach, once prima
facie is shown, shifts the burden to him who seeks to enforce a claim under
the policy to show justification or excuse therefore.
The insurer is not required to anticipate or negate all excuses
or reasons that might justify denial.
The breach of the clause is prima facie when it appears that the
insurer made reasonable efforts to obtain the insured's cooperation without
success. Wolverine Insurance
Company v. Sorrough, 122 Ga. App. 556 (1970); H.Y. Akers
& Sons, Inc. v. St. Louis Fire & Marine Insurance Company, Supra.
In Hurston, Supra,
the insured was shown to have acted in collusion with a claimant in an
automobile accident, and assisted the claimant in pursuing a bogus claim
against Farm Bureau. The Court of Appeals held that such collusive activities
violated the Cooperation Clause of the automobile policy which governed the
conduct of the parties. As a result of false statements to the insurer by the
insured and collusive activity by the insured, the Court of Appeals held that
no coverage was afforded to the insured under the policy.
DUTIES AFTER AN ACCIDENT OR LOSS
Cooperate with us in the investigation...of any claim or suit."
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CLAXTON & CLAXTON, LLC 180 Interstate North Parkway Suite 115 Atlanta, GA 30339 770.933.1946 claxton@claxtonclaxtonllc.com |
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