cooperation clause (Washington) · Go Syfert
← Washington issues

cooperation clause in Washington

13 Washington opinions name it 2 courts 1974–2025 3 in the last five years

The cases below were cited by Washington 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.

Followed or applied (3)

CaseFollowedCited
Tran v. State Farm Fire & Casualty Co.green
wash · 1998 · cited in 5 Washington opinions naming this issue, 2001–2025
2 sentences

2025For example, in Tran, 136 Wn.2d at 217-19 , the policyholder, whose business was burglarized, refused to produce financial records related to his claim, in violation of the policy’s cooperation clause; the court held that as a result, the insurer was actually prejudiced because it was prevented from determining the validity of his claim.

2021“An insured’s breach of a cooperation clause releases the insurer from its responsibilities if the insurer was actually prejudiced by the insured’s breach.” Tran, 136 Wn.2d at 228 .

15
Canron, Inc. v. Federal Insurancegreen
washctapp · 1996 · cited in 1 Washington opinions naming this issue, 2025–2025
1 sentence

2025Canron, Inc. v. Federal Insurance Co., involved a notice clause that required the policyholder to give the insurer notice of any unanticipated “occurrence[s]” resulting in damage; the court held that the insurer was not actually prejudiced because it identified only “possible detriments” resulting from the policyholder’s year-long delay in notifying the insurer of potential liability for contamination of soil and groundwater. 82 Wn.

11
Staples v. Allstate Insurancegreen
wash · 2013 · cited in 1 Washington opinions naming this issue, 2014–2014
1 sentence

2014The Supreme Court held that "the insurer [must] demonstrate that it was prejudiced by the insured's actions before the cooperation clause will be considered breached so as to relieve the insurer from its obligations under the policy." Salzberg, 85 Wn.2d at 376 ; accord Staples, 176 Wn.2d at 417-18 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Oregon Automobile Insurance v. Salzberg green
wash · 1975
2 sentences

2014The Supreme Court held that "the insurer [must] demonstrate that it was prejudiced by the insured's actions before the cooperation clause will be considered breached so as to relieve the insurer from its obligations under the policy." Salzberg, 85 Wn.2d at 376 ; accord Staples, 176 Wn.2d at 417-18 .

1994Co. v. Salzburg, 85 Wn.2d 372, 377 , 535 P.2d 816 (1975), we held that an insured's noncompliance with a cooperation clause releases the insurer from its responsibilities " only if the insurer was actually prejudiced by the insured's actions or conduct." The actual prejudice requirement has also been applied with regard to notice provisions.

41978–2014
Tran v. State Farm Fire and Cas. Co. green
wash · 1998
2 sentences

2019Tran, 136 Wash.2d at 231 , 961 P.2d 358 ("Tran's refusal to submit the requested financial information, an act which breached the cooperation clause and impeded State Farm's ability to investigate the claim, caused prejudice."); Pilgrim, 89 Wash. App. at 725 , 950 P.2d 479 ("The Pilgrims' refusal to disclose relevant financial information prejudiced State Farm as a matter of law.").

2001Co., 136 Wn.2d 214, 228 , 961 P.2d 358 (1998).

32001–2019
Eakle v. Hayes green
wash · 1936
2 sentences

1975Co., 90 Wash. 687 , 156 P. 861 (1916); Eakle v. Hayes, 185 Wash. 520 , 55 P.2d 1072 (1936) 1 *376 The Court of Appeals and the trial court relied upon this latter grouping of cases in ruling as a matter of law that Salzberg breached the cooperation clause, thereby releasing respondent Oregon Automobile Insurance Company from any liability and its duty to defend Salzberg irrespective of whether the company suffered prejudice.

1975Co., 90 Wash. 687 , 156 P. 861 (1916); Eakle v. Hayes, 185 Wash. 520 , 55 P.2d 1072 (1936) 1 *376 The Court of Appeals and the trial court relied upon this latter grouping of cases in ruling as a matter of law that Salzberg breached the cooperation clause, thereby releasing respondent Oregon Automobile Insurance Company from any liability and its duty to defend Salzberg irrespective of whether the company suffered prejudice.

21974–1975
United Services Automobile Ass'n v. Morris green
ariz · 1987
2 sentences

2024The insurer waives the right to condition settlement on its consent when it defends under a reservation of rights, id., refuses to defend, Evans, 40 Wn.2d at 628 , or refuses in bad faith to settle a claim, Besel, 146 Wn.2d at 736 .

2024Morris explains the background principle that, traditionally, the cooperation clause in an insurance policy forbids an insured from settling without 21 No. 85400-3-I/22 the insurer’s consent, but this will govern “only claims for which the insurer unconditionally assumes liability under the policy.” 154 Ariz. at 119 .

12024–2024
Evans v. Continental Casualty Co. green
wash · 1952
1 sentence

2024The insurer waives the right to condition settlement on its consent when it defends under a reservation of rights, id., refuses to defend, Evans, 40 Wn.2d at 628 , or refuses in bad faith to settle a claim, Besel, 146 Wn.2d at 736 .

12024–2024
Besel v. Viking Insurance green
wash · 2002
1 sentence

2024The insurer waives the right to condition settlement on its consent when it defends under a reservation of rights, id., refuses to defend, Evans, 40 Wn.2d at 628 , or refuses in bad faith to settle a claim, Besel, 146 Wn.2d at 736 .

12024–2024
Pilgrim v. State Farm Fire & Casualty Insurance green
washctapp · 1997
1 sentence

2019Tran, 136 Wash.2d at 231 , 961 P.2d 358 ("Tran's refusal to submit the requested financial information, an act which breached the cooperation clause and impeded State Farm's ability to investigate the claim, caused prejudice."); Pilgrim, 89 Wash. App. at 725 , 950 P.2d 479 ("The Pilgrims' refusal to disclose relevant financial information prejudiced State Farm as a matter of law.").

12019–2019
Pilgrim v. State Farm Fire & Cas. Ins. Co. green
washctapp · 1997
1 sentence

2019Tran, 136 Wash.2d at 231 , 961 P.2d 358 ("Tran's refusal to submit the requested financial information, an act which breached the cooperation clause and impeded State Farm's ability to investigate the claim, caused prejudice."); Pilgrim, 89 Wash. App. at 725 , 950 P.2d 479 ("The Pilgrims' refusal to disclose relevant financial information prejudiced State Farm as a matter of law.").

12019–2019
Shafer v. United States Casualty Co. green
wash · 1916
2 sentences

1975Co., 90 Wash. 687 , 156 P. 861 (1916); Eakle v. Hayes, 185 Wash. 520 , 55 P.2d 1072 (1936) 1 *376 The Court of Appeals and the trial court relied upon this latter grouping of cases in ruling as a matter of law that Salzberg breached the cooperation clause, thereby releasing respondent Oregon Automobile Insurance Company from any liability and its duty to defend Salzberg irrespective of whether the company suffered prejudice.

1975Co., 90 Wash. 687 , 156 P. 861 (1916); Eakle v. Hayes, 185 Wash. 520 , 55 P.2d 1072 (1936) 1 *376 The Court of Appeals and the trial court relied upon this latter grouping of cases in ruling as a matter of law that Salzberg breached the cooperation clause, thereby releasing respondent Oregon Automobile Insurance Company from any liability and its duty to defend Salzberg irrespective of whether the company suffered prejudice.

11975–1975
General Acc. Fire & Life Assur. Corp. v. Rinnert green
ca5 · 1948
1 sentence

1974General Accident Fire & Life Assurance Corp. v. Rinnert, 170 F.2d 440 (5th Cir. 1948); Medico v. Employers’ Liab.

11974–1974
Van Dyke v. White green
wash · 1960
2 sentences

1974Van Dyke v. White, 55 Wn.2d 601 , 349 P.2d 430 (1960).

1974Van Dyke v. White, 55 Wn.2d 601 , 349 P.2d 430 (1960).

11974–1974
Robert J. Connell v. Indiana Insurance Company, A/K/A Consolidated Insurance Company neutral
ca4 · 1964
1 sentence

1974Co., 334 F.2d 993 (4th Cir. 1964); State Farm Mut.

11974–1974

Where else courts name it

IL 71 (1964–2025) CA 35 (1934–2026) NY 26 (1958–2024) AZ 25 (1984–2022) MO 20 (1934–2023) FL 19 (1961–2018) PA 15 (1938–2019) WA 13 (1974–2025) MA 13 (1953–2008) NJ 12 (1961–2026) OH 11 (1942–2021) LA 8 (1952–2024) NC 7 (1961–2012) MD 7 (1962–2015) TX 7 (2003–2018) SC 6 (1958–2023) MN 6 (1958–2010) AL 6 (1939–2013) CT 6 (1974–2019) VA 6 (1949–2004) IN 6 (1983–2009) TN 6 (1968–2024) CO 5 (1989–2026) WI 4 (1991–2022) NM 4 (1960–2010) NE 4 (1966–2021) VT 4 (1980–2015) KS 4 (1983–2020) AR 3 (1994–2016) GA 3 (1971–2014) AK 3 (1993–2000) MT 3 (2002–2013) OK 2 (1997–2002) WV 2 (1997–2000) IA 2 (1986–1991) OR 2 (1970–1975) RI 2 (1992–1997) WY 2 (2002–2026) MI 2 (1973–1999) UT 2 (1956–2009) MS 2 (1964–1973)

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.

← Caselaw search · G Cite Topics · Brief Check