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    Cooperation Clause and Shifting Burdens

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    Aubrey Blatchley, Hartford-based attorney in Edwards Wildman's Insurance and Reinsurance Department, wrote an article about how virtually all insurance contracts contain a “cooperation clause” among the standard policy provisions in the Connecticut Law Tribune. In the article, "Cooperation Clause and Shifting Burdens," the authors analyzed how in Connecticut, the question of whether the insurer has been prejudiced by the insured’s breach of this standard policy condition has traditionally been a part of the analysis into whether a given breach is “substantial” or “material" and that a recent shift in the Supreme Court’s burden allocation in late notice cases begs the question of how courts will treat the burden of demonstrating prejudice, or a lack thereof, in cases alleging an insured’s failure to cooperate.

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