JOHNSON v. ALLSTATE INS. CO.


197 A.D.2d 672 (1993)

602 N.Y.S.2d 876

Dennis R. Johnson, Respondent, v. Allstate Insurance Co. et al., Appellants

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

October 25, 1993


Ordered that the order is reversed, on the law, with one bill of costs, the motions are granted, and the complaint is dismissed.

It is well settled that an insured's failure to comply with the provision of an insurance policy requiring him to submit to an examination under oath and to supply other relevant information constitutes a material breach of the policy and precludes recovery thereunder (see, Argento v Aetna Cas. & Sur. Co.,

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