HARRIS v. PRUDENTIAL PROPERTY & CAS.


632 A.2d 1380 (1993)

Christine HARRIS, Defendant Below, Appellant, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: December 1, 1993.


Attorney(s) appearing for the Case

Bernard Van Ogtrop (argued), and Paula G. Caputo, Cooch and Taylor, Wilmington, for appellant.

R. Stokes Nolte, Bailey & Wetzel, Wilmington, for appellee.

Before VEASEY, C.J., WALSH and HOLLAND, JJ.


WALSH, Justice:

In this appeal we address the question of whether, and to what extent, an insurer may invoke the cooperation clause of an automobile liability policy to limit the claim of a third party against an insured where liability coverage is mandated by law. The Superior Court ruled that where an insured fails to cooperate with a liability carrier in the defense of a claim, the insurer may not avoid its responsibility to respond in the minimum amount of liability...

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