Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Plaintiff, the designated loss payee of an insurance contract between defendant and the insured, Manth Machine and Tool Company, brought suit against the defendant to compel payment under the insurance policy for the theft loss of a lathe. Defendant disclaimed coverage based on the insured's failure to cooperate with the insurer's investigation of the...
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