WI · jury_instructions
Wis JI-Civil 3115
Failure of Insured to Cooperate
Question inquires whether the insured, , failed to cooperate with his or her
insurer, , in its defense.
Cooperation does not mean that, the insured, is to combine with, the
insurer, to present a sham defense. Cooperation does mean that there shall be a fair, frank and
truthful disclosure of information reasonably demanded by the insurer for the purpose of
enabling it to determine whether or not there is a genuine defense.
An insurer must have from the insured a complete and truthful statement of the facts
in order to prepare an adequate defense in cases of contested liability or to prepare a just
settlement. This statement must be made in a spirit of cooperation and helpfulness by the
insured, who is in many cases the only source of information available to the insurer. Any
untruthful statement or testimony must be made consciously, that is, it must be deliberate and
willful falsification.
The burden of proof with respect to your answer to this question is upon the insurer,
, who contends that you should answer this question "yes."
History
Wis JI-Civil 3115 (2016). ©2016, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
42cebea792b3d04ada96590d1abe952badbe8031b2e9740d3bdd2e37ee7bd3b3
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