cooperation clause (Texas) · Go Syfert
← Texas issues

cooperation clause in Texas

7 Texas opinions name it 2 courts 2003–2018 0 in the last five years

The cases below were cited by Texas 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
PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY v. Trevinogreen
texapp · 2006 · cited in 2 Texas opinions naming this issue, 2011–2018
2 sentences

2018The ANPAC policy at issue here required a person seeking coverage to “[c]ooperate with us in the investigation, settlement or defense of any claim or suit.” The language of the cooperation clause is identical to that in Progressive County Mutual Insurance Co. v. Trevino, 202 S.W.3d 811 , 815– 16 (Tex. App.—San Antonio 2006, pet. denied), where the court held the clause was a condition precedent to coverage.

2018See Martinez, 343 S.W.3d at 929 ; Trevino, 202 S.W.3d at 816 .

12
Martinez v. ACCC Insurance Co.green
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Martinez, 343 S.W.3d at 929 ; Trevino, 202 S.W.3d at 816 .

11
Utica National Insurance Co. of Texas v. American Indemnity Co.green
tex · 2004 · cited in 1 Texas opinions naming this issue, 2006–2006
2 sentences

2006See Utica, 141 S.W.3d at 202 .

2006See Utica, 141 S.W.3d at 202 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Ahmadi v. Allstate Insurance Co. green
coloctapp · 2001
2 sentences

2003As in the present case, the insurance policy in question contained both a cooperation clause and a clause indicating the company “may also require any person making a claim to submit to questioning under oath and sign the transcript.” Ahmadi, 22 P.3d at 577 .

2003As in the present case, the insurance policy in question contained both a cooperation clause and a clause indicating the company “may also require any person making a claim to submit to questioning under oath and sign the transcript.” Ahmadi , 22 P.3d at 577 .

22003–2003
United States Casualty Company v. Elmer L. Schlein green
ca5 · 1964
2 sentences

2018Id. at 172 .

2018Id. at 172–73.

12018–2018
Underwriters at Lloyd's of London v. Gilbert Texas Construction, L.P. green
texapp · 2007
1 sentence

2010Gilbert contends it was prejudiced because Underwriters’ actions deprived it of the opportunity to make an informed decision about which risk to take: *137 (1) assert the immunity defense and risk Underwriters’ denying coverage for the breach of contract claim, or (2) refuse to assert the immunity defense and risk Underwriters’ denying coverage because Gilbert breached the cooperation clause. 12 The court of appeals concluded that Underwriters did not assume control of Gilbert’s defense, 245 S.W.3d at 87 .

12010–2010
Gates Formed Fibre Products, Inc. v. Imperial Casualty & Indemnity Co. green
med · 1988
1 sentence

2004Id. at 348 . 5 .

12004–2004

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