Piser v. State Farm Mutual Automobile Insurance Company 

Breach of insurance cooperation clause is a valid defense which is "other affirmative matter" barring a claim per Section 2-619(a)(9) of Code of Civil Procedure. Insured filed a claim with insurer that his motorcycle, customized for over $60,000, had been stolen. Court properly granted insurer's motion to dismiss based on policy's cooperation clause, relying on its adjustor's affidavit that insured failed to respond to insurer's request for statement under oath and for financial status documents and credit report authorization, to determine whether financial motive to file false claim. Insurer presented adequate proof of substantial prejudice by insured's negligible cooperation and by insurer being thereby hampered in its defense. Documents incorporated into affidavit were not hearsay, as they were offered to show notice rather than for truth of matter asserted. FITZGERALD SMITH and HOWSE, concurring.)