Perspective
Apr. 21, 2010
The Potential Price of Taking the Fifth
An increasing body of case law suggests that an insured's reliance on the Fifth Amendment privilege may come at a significant price, writes Deborah Stein of Simpson Thacher & Bartlett.
The 8th U.S. Circuit Court of Appeals recently joined a growing number of courts holding that an insured's invocation of the Fifth Amendment privilege against self-incrimination may violate an insurance policy's cooperation clause and vitiate coverage. Such clauses typically impose on an insured a broad duty to cooperate with the insurer in the defense and settlement of a suit, including assisting in evidence gathering and trial p...
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