State Farm Mutual Automobile Insurance v. Burden

Hall, Judge.

1. It is true, before the issue of co-operation could arise, Watts would have to be an insured under the terms of the policy. If this issue were determined favorably to Watts (or the plaintiff), then whether he had complied with the conditions imposed by the policy would become an issue in determining whether he was entitled to its benefits. If there was an issue that Watts was not an insured under the terms of the policy, it was not inconsistent for the insurer to claim that, even if Watts prevailed on this issue, he still was not entitled to the benefits of the policy because he…