The bill bars an insurer from using a failure-to-cooperate defense in an action unless:
- The insurer has submitted a request to the insured or the insured's representative for information the insurer deems necessary for litigation;
- The information necessary for litigation is not available to the insurer without the assistance of the insured;
- The request provides the insured 60 days to respond;
- The request is for information the insurer would be entitled to in litigation;
- The request cites the specific policy language that entitles the insurer to the information necessary to any lawsuit;
- The insured's failure to cooperate has rendered performance by the insurer under the policy impossible; and
- The insurer gives the insured an opportunity to cure within 60 days and provides notice to the insured within 30 days, describing, with particularity, the alleged failure to cooperate.
The alleged failure to cooperate must materially and substantially prejudice the portion of the claim for which the defense is asserted. Any language in an insurance contract that conflicts with the bill is void.
(Note: This summary applies to this bill as introduced.)