Jenner & Block

“Invitation or Ambush: The Scope of an Insured's Duty to Cooperate and the Slippery Slope of Information Sharing,” Environmental Claims Journal

In this article, Jenner & Block Partner Matthew L. Jacobs and Associate Elliot S. Tarloff  examine the scope of the policyholder’s “duty to cooperate,” which is typically built into every liability insurance policy but often difficult to discern.  The authors explore  how the duty to cooperate affects the insured’s obligation to share some reasonable amount of information as part of the insurer’s investigation and defense of an underlying claim, noting potential pitfalls and risks that may arise from information sharing.