Multiple Choice
Which of the following was the result on appeal in Allstate Insurance Co. v. Herron, the case in the text in which the plaintiff sought a ruling as a matter of law that the defendant materially breached his contract of insurance by actions including confessing to a judgment, thereby relieving the insurer of its obligation to provide coverage?
A) That the defendant materially breached the contract of insurance by breaching the cooperation clause and that the breach, standing alone, relieved the insurer of its obligation to provide insurance coverage.
B) That an issue of fact remained as to whether the defendant's breach prejudiced the insurer, a requirement in order for the insurer to be relieved of its duty to provide coverage.
C) That the defendant materially breached the contract of insurance by breaching the cooperation clause and that, as a matter of law, the breach prejudiced the insurer thereby relieving the insurer of its obligation to provide insurance coverage.
D) That the defendant did not materially breach the contract of insurance and that an issue of fact existed as to any damages sustained by the insurer based upon the insubstantial breach of contract.
E) That the defendant did not breach the contract of insurance.
Correct Answer:

Verified
Correct Answer:
Verified
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