MATTER OF SAVAGE


39 A.D.2d 523 (1972)

In the Matter of the Arbitration between Olivia Savage et al., Respondents, and American Home Assurance Company, Appellant, and Allstate Insurance Company, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 11, 1972


Unanimously reversed, on the law and on the facts, and the motion granted. Appellant shall recover of respondents $30 costs and disbursements of this appeal.

Allstate did not sustain its heavy burden of showing that its efforts were reasonably expected to locate Simon and Reed and bring about their co-operation and that the non-co-operation was a willful and avowed obstruction of its defense. (Thrasher v. United States Liab. Ins. Co., 19 N...

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