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Matter of Allstate Insurance Company v. Henry

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1995
214 A.D.2d 668 (N.Y. App. Div. 1995)

Opinion

April 17, 1995

Appeal from the Supreme Court, Queens County (Dunkin, J.).


Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the respondent Prudential Property Casualty Insurance Company (hereinafter Prudential) properly disclaimed coverage of its insured, the owner of the offending vehicle. Prudential gave the insured written notice of its disclaimer as soon as was reasonably possible, and the written disclaimer contained the required specificity. Moreover, Prudential established that the insured's lack of cooperation, including the insured's willful obstruction of its investigation, was the basis for its disclaimer (see generally, General Acc. Ins. Co. Group v Cirrucci, 46 N.Y.2d 862; Hartford Ins. Co. v County of Nassau, 46 N.Y.2d 1028; Thrasher v United States Liab. Ins. Co., 19 N.Y.2d 159). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.


Summaries of

Matter of Allstate Insurance Company v. Henry

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1995
214 A.D.2d 668 (N.Y. App. Div. 1995)
Case details for

Matter of Allstate Insurance Company v. Henry

Case Details

Full title:In the Matter of ALLSTATE INSURANCE COMPANY, Appellant, v. VICTOR HENRY et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 17, 1995

Citations

214 A.D.2d 668 (N.Y. App. Div. 1995)
625 N.Y.S.2d 931

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