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AVARELLO v. STATE FARM & CAS. CO.

208 A.D.2d 483 (1994)

616 N.Y.S.2d 796

Jahn Avarello, Respondent, v. State Farm and Casualty Company, Appellant

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

October 3, 1994

Ordered that the order is affirmed, with costs.

In order to have prevailed on its defense of non-cooperation, the defendant-insurance company was required to show, by a preponderance of the evidence, that the plaintiff-insured had engaged in an unreasonable and willful pattern of refusing to answer material and relevant questions or to supply material and relevant documents (see, Yerushalmi v Hartford Acc. & Indem. Co., 158 A.D.2d...

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