but you're not in the same obligations with respect to filing a reservation right i wouldn't do a search or yes i would like to i'm not saying that your honor i think even an insurance company that hires certain documents because they have exposed a client from liability would you have standing at this point argue that that's that that's a lack of cooperation with the policy with simply filing notice of you're going to continue to fade with the reservation right the problem is that we weren't even told that he was having a problem getting the records he didn't know and to his his your claim of lack of cooperation and all the factors that the trial judge considers may still be out there but don't they have to be independently introduced because it isn't the adjudication of the underlying cooperate with the insurer in the defense of the action and the there is also a statutory duty to cooperate what is the policy language judy i believe that my page nineteen of our fish insurer it really doesn't suggest that that you can somehow transplant this behavior in the underlying lawsuit to a breach does it how can you possibly divorce yourself  after the sanction order occurs so i mean there's no there's no ability for them to even be aware that they're breaching the clause but we were higher than your advise only issue might become a real problem and if that is the case then we're not going to indemnify you because of the breach but they they were never notified that they weren't cooperated with the insurance but we weren't even know it if we had no idea that there was any problem with cooperation until the sanction order until this until this motion for sanctions was filed in we were assured by counsel that this is unfounded it was only when we saw the sanction order that was entered in at that point what's the point by the risk to the carrier but having increased that risk let's also assume that there is no question back or if there is a question as to whether the carrier option that we would be required to put up its policy limits that's my question good because the breach of cooperation cl that the i mean how do you get summary judgment when we want to turn he says that there was not a consummation disregard for turning over documents some of the documents were involving a hospital  i mean they were required they were asked turned over hospital documents not their own documents that so right but let's go let's go into the well i just say that we have this kind of dispute hospital records they're not con that first of all making and parsky had told pamela lee he sent her a letter saying that all of these documents that are inferior places yeah i'm geared up and she knew that they were kept in various places at the time  say that they weren't acting in any conscious disregard for court orders how do you get summary judgment that would require accepting the affidavit over the testimony of mr weber which the court can several months violated the duty to cooperate but in that case was there any kind of lack of notice to be ensured that you're not cooperating with us like this case i mean you you admit the declaratory judgment agreed upon the facts or the facts it's just a question of what's the lock up i don't know that the law is not to my understanding that you can transfer an order entered in the underlying action by the trial judge opposed to ordinary procrastination right and that's always that's why it always helps when you have a not right the man for the cooperation refusal or the late in the face of an o very difficult to reach that i think you have a situation where both parties i'm not a lawyer pretty clear that both parties can be demanding summary judgment nobody it smells bad but it doesn't necessarily exact the charlie conclusion as to whether that was and whole operation or difficulty of performance or some sort of degree of if an insurance personal attorney evaluates a case is worth approximately six hundred dollars and if there isn't your rights of a million dollars perhaps if the insured plays their cards right it will all be covered future where a judge comes along and lands your client based on wacko lack of what discovery will in carbonaceous you're home free you've already filed your reservation get had enough of a clue to maybe say we better protect ourselves because they're not they're not sending the stuff may be acting in good faith from our perspective but they may not be acting in good faith from the perspective of the judge and certainly the other side in this case is jumping up and down and taken off their clothes and filing all kinds of motions for sanctions so just to protect myself i think i'm going to