breach of the cooperation clause (Washington) · Go Syfert
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breach of the cooperation clause in Washington

7 Washington opinions name it 2 courts 1998–2021 1 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 (4)

CaseFollowedCited
Tran v. State Farm Fire & Casualty Co.green
wash · 1998 · cited in 5 Washington opinions naming this issue, 2001–2021
2 sentences

2021The court reasoned that “no reasonable juror could conclude that Tran substantially cooperated in the investigation or settlement of his claim” and that his conduct “‘constitutes a breach of the cooperation clause as a matter of law.’” Tran, 136 Wn.2d at 228 (quoting Pilgrim, 89 Wn.

2001We say that because a breach of the cooperation clause of the policy, like we saw in Tran, entirely prejudices an insurer’s “ability to determine coverage.” Tran, 136 Wn.2d at 229 .

25
Tran v. State Farm Fire and Cas. Co.green
wash · 1998 · cited in 2 Washington opinions naming this issue, 2001–2001
2 sentences

2001We say that because a breach of the cooperation clause of the policy, like we saw in Tran, entirely prejudices an insurer's "ability to determine coverage." Tran, 136 Wash.2d at 229 , 961 P.2d 358 .

2001See Tran v. State Farm, 136 Wash.2d 214, 228 , 961 P.2d 358 (1998); Pilgrim v. State Farm Fire & Cas.

12
Pilgrim v. State Farm Fire & Casualty Insurancegreen
washctapp · 1997 · cited in 2 Washington opinions naming this issue, 1998–1998
2 sentences

1998His failure to cooperate, therefore, “constitutes a breach of the cooperation clause as a matter of law.” Pilgrim, 89 Wn.

1998His failure to cooperate, therefore, "constitutes a breach of the cooperation clause as a matter of law." Pilgrim, 89 Wash.App. at 723 , 950 P.2d 479 (footnote omitted).

12
Happy Hank Auction Co. v. American Eagle Fire Insurancegreen
nyappdiv · 1955 · cited in 1 Washington opinions naming this issue, 1998–1998
2 sentences

1998Co., 286 A.D. 505, 509 , 145 N.Y.S.2d 206, 211 (1955), aff'd in part, modified in part on other grounds, 1 N.Y.2d 534 , 154 N.Y.S.2d 870 , 136 N.E.2d 842 (1956) (insurance companies "have no license to harass [their insured] with aimless questions and demands for documents, or with random shots in the dark."). [3] See also 8 John Alan Appleman and Jean Appleman, Insurance Law and Practice § 4772, at p. 215-19 (1981) ("A breach of the cooperation clause by the insured will operate to relieve the insurer of liability under the policy.

1998Co., 286 A.D. 505, 509 , 145 N.Y.S.2d 206, 211 (1955), aff'd in part, modified in part on other grounds, 1 N.Y.2d 534 , 154 N.Y.S.2d 870 , 136 N.E.2d 842 (1956) (insurance companies "have no license to harass [their insured] with aimless questions and demands for documents, or with random shots in the dark."). [3] See also 8 John Alan Appleman and Jean Appleman, Insurance Law and Practice § 4772, at p. 215-19 (1981) ("A breach of the cooperation clause by the insured will operate to relieve the insurer of liability under the policy.

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 (3)

CaseCitedYears
HAPPY HANK CO. v. Ins. Co. green
ny · 1956
1 sentence

1998Co., 286 A.D. 505, 509 , 145 N.Y.S.2d 206, 211 (1955), aff'd in part, modified in part on other grounds, 1 N.Y.2d 534 , 154 N.Y.S.2d 870 , 136 N.E.2d 842 (1956) (insurance companies "have no license to harass [their insured] with aimless questions and demands for documents, or with random shots in the dark."). [3] See also 8 John Alan Appleman and Jean Appleman, Insurance Law and Practice § 4772, at p. 215-19 (1981) ("A breach of the cooperation clause by the insured will operate to relieve the insurer of liability under the policy.

11998–1998
Happy Hank Auction Co. v. American Eagle Fire Insurance green
ny · 1956
2 sentences

1998Co., 286 A.D. 505, 509 , 145 N.Y.S.2d 206, 211 (1955), aff'd in part, modified in part on other grounds, 1 N.Y.2d 534 , 154 N.Y.S.2d 870 , 136 N.E.2d 842 (1956) (insurance companies "have no license to harass [their insured] with aimless questions and demands for documents, or with random shots in the dark."). [3] See also 8 John Alan Appleman and Jean Appleman, Insurance Law and Practice § 4772, at p. 215-19 (1981) ("A breach of the cooperation clause by the insured will operate to relieve the insurer of liability under the policy.

1998Co., 286 A.D. 505, 509 , 145 N.Y.S.2d 206, 211 (1955), aff'd in part, modified in part on other grounds, 1 N.Y.2d 534 , 154 N.Y.S.2d 870 , 136 N.E.2d 842 (1956) (insurance companies "have no license to harass [their insured] with aimless questions and demands for documents, or with random shots in the dark."). [3] See also 8 John Alan Appleman and Jean Appleman, Insurance Law and Practice § 4772, at p. 215-19 (1981) ("A breach of the cooperation clause by the insured will operate to relieve the insurer of liability under the policy.

11998–1998
Pilgrim v. State Farm Fire & Cas. Ins. Co. green
washctapp · 1997
1 sentence

1998His failure to cooperate, therefore, "constitutes a breach of the cooperation clause as a matter of law." Pilgrim, 89 Wash.App. at 723 , 950 P.2d 479 (footnote omitted).

11998–1998

Statutes the citing opinions construe

WA § Wash. Rev. Code § 48.30A.045 (3)

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.

Where else courts name it

IL 25 (1958–2022) MA 7 (1953–2005) WA 7 (1998–2021) LA 6 (1956–2024) CA 6 (1935–1991) TN 6 (2000–2016) MN 5 (1961–2004) MD 3 (1962–1982) NE 3 (1966–1969) TX 2 (1970–2018) CO 2 (1949–1989) FL 2 (1962–1967) AZ 2 (1988–2012)

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.

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