13 Massachusetts opinions name it 4 courts 1953–2008 0 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Imperiali v. Picagreen2 sentences2006Further, even if the Scope documents were admissible, “an insurer cannot be relieved of liability because of an alleged breach of a cooperation clause by the insured in a situation where it has not itself exercised diligence and good faith.” Imperiali v. Pica, 338 Mass. 494, 498 (1959). 1996As it was stated in Imperiali v. Pica, 338 Mass. 494, 498-99 (1959) (citation omitted), [T]he ‘problem of non-cooperation has a dual aspect: not only what the assured failed to do, but what the insurer on its part did to secure co-operation from an apathetic, inattentive, or vanished policy holder, must be considered.’. . . [A]n insurer cannot be relieved of liability because of an alleged breach of a cooperation clause by the insured in a situation where it has not itself exercised diligence and good faith. | 4 | 6 |
Remington Arms Co. v. Liberty Mutual Insurancegreen1 sentence2006Co., 142 F.R.D. 408, 417 (D.Del. 1992) (where the court held that “the cooperation clause does not imply a duty to produce documents protected by attorney-client privilege in a coverage dispute.”). | 1 | 1 |
Commonwealth v. Dayegreen1 sentence2001See Commonwealth v. Daye, 393 Mass. 55, 65-74 (1984). | 1 | 1 |
Fairneny v. Savogran Co.green1 sentence2000On February 3, 1998 and September 20, 1999, Commerce denied Hernandez’s claim on the grounds that there was insufficient evidence of whether the accident was a covered loss and.that Hernandez had breached the cooperation clause of the insurance policy by making material misrepresentations during the investigation and failing to submit to two medical examinations. 1 Commerce also alleges that the other vehicle involved in the accident was not uninsured and unidentifiable, as the plaintiff contends, but rather the owner of the vehicle was identified through Commerce’s investigation and insured w | 1 | 1 |
Conley v. Gibsonred1 sentence2000“A complaint should not be dismissed unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Nader v. Citron, 371 Mass. 96, 98 (1977), quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957). | 1 | 1 |
State v. Hydrite Chemical Co.green2 sentences2000See Pittston, 143 F.R.D. at 72 ; Bituminous Casualty, 140 F.R.D. at 386 (absent showing that the parties intended the language of the insurance policy’s cooperation clause to work as a waiver of the attorney-client privilege, the court declines to find a contractual waiver of the privilege); State of Wisconsin v. Hydrite Chemical Co., 220 Wis.2d 51 , 582 N.W.2d 411, 421 (Wis.App. 1998) (the broadly worded cooperation clause does not supersede the attorney-client privilege or work product doctrine). 2000See Pittston, 143 F.R.D. at 72 ; Bituminous Casualty, 140 F.R.D. at 386 (absent showing that the parties intended the language of the insurance policy’s cooperation clause to work as a waiver of the attorney-client privilege, the court declines to find a contractual waiver of the privilege); State of Wisconsin v. Hydrite Chemical Co., 220 Wis.2d 51 , 582 N.W.2d 411, 421 (Wis.App. 1998) (the broadly worded cooperation clause does not supersede the attorney-client privilege or work product doctrine). | 1 | 1 |
Eyal v. Helen Broadcasting Corp.green1 sentence2000On February 3, 1998 and September 20, 1999, Commerce denied Hernandez’s claim on the grounds that there was insufficient evidence of whether the accident was a covered loss and.that Hernandez had breached the cooperation clause of the insurance policy by making material misrepresentations during the investigation and failing to submit to two medical examinations. 1 Commerce also alleges that the other vehicle involved in the accident was not uninsured and unidentifiable, as the plaintiff contends, but rather the owner of the vehicle was identified through Commerce’s investigation and insured w | 1 | 1 |
Bituminous Casualty Corp. v. Tonka Corp.green1 sentence2000See Pittston, 143 F.R.D. at 72 ; Bituminous Casualty, 140 F.R.D. at 386 (absent showing that the parties intended the language of the insurance policy’s cooperation clause to work as a waiver of the attorney-client privilege, the court declines to find a contractual waiver of the privilege); State of Wisconsin v. Hydrite Chemical Co., 220 Wis.2d 51 , 582 N.W.2d 411, 421 (Wis.App. 1998) (the broadly worded cooperation clause does not supersede the attorney-client privilege or work product doctrine). | 1 | 1 |
Pittston Co. v. Allianz Insurancegreen1 sentence2000See Pittston, 143 F.R.D. at 72 ; Bituminous Casualty, 140 F.R.D. at 386 (absent showing that the parties intended the language of the insurance policy’s cooperation clause to work as a waiver of the attorney-client privilege, the court declines to find a contractual waiver of the privilege); State of Wisconsin v. Hydrite Chemical Co., 220 Wis.2d 51 , 582 N.W.2d 411, 421 (Wis.App. 1998) (the broadly worded cooperation clause does not supersede the attorney-client privilege or work product doctrine). | 1 | 1 |
Salonen v. Paanenengreen1 sentence1953See Salonen v. Paanenen, 320 Mass. 568 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mello v. Hingham Mutual Fire Insurance
green
1 sentence2008Co., 421 Mass. 333 , 340 n.6 (1995) (Mello), and that when an insurer’s demand for cooperation is reasonable and the insurer has acted in good faith and with due diligence, an insurer may be relieved of liability for claims in certain circumstances where an insured commits a material breach of a cooperation clause. | 1 | 2008–2008 |
Waste Management, Inc. v. International Surplus Lines Insurance
green
1 sentence2000III.The Cooperation Clause Commercial Union refers to the cooperation clause in its discussion of Waste Management, 579 N.E.2d 322 . | 1 | 2000–2000 |
Darcy v. HARTFORD INS. CO. ROYAL GLOBE INS. CO.
green
1 sentence1996Co., 407 Mass. 481 (1990), the court again discussed the cooperation clause within an insurance policy and, in addition to confirming the duty of the insurer to exercise diligence and good faith, stated that the insurer would have to show actual prejudice to the interests of the insurer before a denial of coverage would be permitted. | 1 | 1996–1996 |
Johnson Controls, Inc. v. Bowes
green
1 sentence1995The statute sets out the insured’s duty to cooperate in two sentences reprinted in the margin. 4 Prior to our decision in Johnson Controls, Inc. v. Bowes, 381 Mass. 278 (1980), the satisfaction of the insured’s duties embodied in this cooperation clause was a condition precedent to the insurer’s liability under the policy. | 1 | 1995–1995 |
Polito v. Galluzzo
green
1 sentence1967Saulinier’s “disappearance . . . without notifying the insurer of his new address or furnishing some method by which he could be reached, constitute [d] a lack of cooperation and justifie [d] the insurer in disclaiming liability after it ha[d] failed by reasonable methods to secure the attendance of the insured as a witness at the trial.” Polito v. Galluzzo, 337 Mass. 360, 363-364 . | 1 | 1967–1967 |
Gleason v. Hardware Mutual Casualty Co.
neutral
1 sentence1954He also takes the position that as a result of our decision in 329 Mass. 56 it became the law of the case that there was evidence for the jury that there had been such a waiver. | 1 | 1954–1954 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.