Like plaintiffs, most defendants have no desire to participate in litigation. There are those that regret having to participate in the process and then there are those who actually refuse to be a part of the process. Despite the tenacious efforts of some to vehemently ignore the lawsuit filed against them, most come to the stark realization that the civil litigation process will not stop simply because they choose not to participate.
This is the very reason that insurance carriers have written into their policies a duty to cooperate in the defense of any suit covered by the policy. A breach of this duty to participate in the defense of the suit could trigger a denial of coverage due to the failure to comply with all the conditions contained within the policy. This policy term allows the insurance carrier to have an opportunity to try and avoid indemnifying an insured for a loss which the insured refuses to help the carrier mitigate. “If insurers could not contract for fair treatment and helpful cooperation from the[ir] insured, they would, at the very least, be severely handicapped in determining how and whether to contest [a] claim, and might, in addition, be particularly susceptible to possible collusion between the participants in the accident.” Arton v. Liberty Mutual Insurance, 163 Conn. 127, 134 (1972).
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