Founders Insurance Company v. Shaikh

Court properly granted summary judgment to insurer on its claim that its insured driver, who was in a two-car collision, breached assistance and cooperation clause of his policy, and thus insurer was relieved of any duty to defend or indemnify driver from litigation and $11,000 judgment. Insurer used reasonable efforts and diligence in its search for insured; it had sent letter inquiry to his son who denied contact with him for more than a decade and speculated that he might be in jail. Insurer used sources likely to disclose his whereabouts, its search was sufficiently broad and produced leads which it then pursued and exhausted. Insurer's defense was plainly and substantially prejudiced by the absence of insured, who was the only known witness to the collision. (CAHILL and R. GORDON, concurring.)