8.6 The Insured’s Obligations

• Library: Insurance Law in Virginia (Virginia CLE) (2020 Ed.)

8.6 THE INSURED'S OBLIGATIONS

8.601 In General. Automobile policies typically include provisions or "conditions" affecting various coverages provided by the policies. Important conditions affecting liability coverage are those obligating the insured to (i) provide notice of an accident; (ii) forward suit papers; and (iii) cooperate with the insurer in the settlement and defense of claims and enforcing rights of contribution.

8.602 Notice. The standard policy condition requires that the insured give written notice of an accident, occurrence, or loss to the insurer or any of its authorized agents as soon as practicable. If a claim is made or suit is filed, the insured is required to immediately forward to the insurer every demand, notice, or other process received. The requirement for written notice of an accident may be waived by the insurer. ²⁶⁸ The phrase "as soon as practicable" depends on the facts and circumstances of each case. ²⁶⁹ The notice must be given to the insurer or its authorized agent, which includes

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any person authorized by the insurer to solicit, negotiate, or effect insurance or applications. ²⁷⁰

8.603 Cooperation. Another standard policy condition obligates an insured to cooperate with the insurer in the defense of claims and in enforcing rights of contribution. The insured's duty to cooperate usually specifies attendance at hearings, trials, and depositions and securing the attendance of other witnesses.

8.604 Breach of Notice and Cooperation Conditions. Compliance with the conditions...