Attorney Article

A Claimant’s Duty to Cooperate

DRI: For the Defense | Life, Health and Disability

August 2020

Author: Joshua Bachrach

Joshua Bachrach (Partner-Philadelphia) authored an article in the August 2020 edition of DRI’s For the Defense on “A Claimant’s Duty to Cooperate,” which posits a question that, during or after a pandemic, may contain an altered definition of “reasonable.” Whether a claimant’s failure to cooperate involves refusing to attend an in-person examination or refusing to authorize a records release, the question is generally the same: Was the request, as well as the claimant’s response, reasonable? “The answer,” says Josh “generally will lie in the policy language.” 

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