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SMITH v. UPALI (USA) INC.

223 A.D.2d 407 (1996)

636 N.Y.S.2d 322

Ronald J. Smith, on Behalf of Himself and Certain Other Underwriting Members of Lloyd's of London and Other Companies, Appellant, v. Upali (USA) Inc., Defendant, and Gerard R. Lear, as Administrator of The Estate of Sittampalam M. Ratnam, Deceased, et al., Respondents

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

January 16, 1996

The verdict was not against the weight of the evidence since there is ample factual support for the trial court's conclusion that plaintiffs failed to meet their burden of proving a lack of cooperation of the insured (see, Thrasher v United States Liab. Ins. Co., 19 N.Y.2d 159, 168-169). The record reveals that the insurer failed to take timely steps to inspect the insured's records...

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