State Farm Mutual Automobile Insurance v. Farmers Insurance Exchange

*287DENECKE, J.

The question for decision is whether or not the defendant insurer used due diligence to secure the cooperation of its insured to assist in the defense of an action for damages.

The defendant, hereinafter referred to as Farmers, wrote an automobile liability policy for one Ratzlaff. During the policy period Ratzlaff had a collision with one of the plaintiffs, Sjolund. Sjolund carried collision insurance with the plaintiff insurance company, hereinafter called State Farm. After State Farm paid Sjolund for the damages to his automobile, less the deductible, Sjolund and State Farm…