American Access Casualty Company v. Alassouli

Court properly granted summary judgment for insured in declaratory judgment action, as insured failed to show that it was substantially prejudiced in its investigation of auto accident claim by insured's breach of cooperation clause. Insurer is required to show substantial prejudice, and it will not be presumed. Insurer failed to show it exercised reasonable degree of diligence in seeking insured's participation and that insured willfully refused to cooperate. Insurer's efforts to contact insured were wanting, deficient, and cursory, and consisted only of leaving phone messages, and doing skip trace which showed no new phone number or address. Insurer failed to visit insured's known address and failed to send letters seeking his cooperation. Insurer's hiring of private investigator to locate insured does not sbsolve insurer of its duty, as hiring was only after filing declaratory judgment action and two years after the accident.. (PUCINSKI and LAVIN, concurring.)