co-operation clause

co-operation clause
A clause in an automobile liability policy which provides in substance that the insured shall cooperate with the insurer, and, upon the insurer's request, shall attend hearings and trials and shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses, and in the conduct of suits. 7 Am J2d Auto Ins § 176; 29A Am J Rev ed Ins § 1471. When persons "co-operate." they act jointly and concurrently toward a common end. In an insurance case they are governed by the contract. The common end is not that the assured, regardless of truth, shall establish nonliability for himself or for the company, but in this connection "co-operation" means that there shall be a fair and frank disclosure of information reasonably demanded by the insurer to enable it to determine whether there is a genuine defense. Ocean Acci. & Guaranty Corp. v Lucas (CA6 Ohio) 74 F2d 115, 98 ALR 1461.

Ballentine's law dictionary. . 1998.

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