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PARAMOUNT INS. CO. v. ELI CONSTR. GEN. CONTRACTOR & INTERIOR DESIGN, INC.

245 A.D.2d 38 (1997)

665 N.Y.S.2d 857

Paramount Insurance Company et al., Appellants, v. Eli Construction General Contractor and Interior Design, Inc., et al., Respondents, et al., Defendants

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

December 4, 1997

The Judicial Hearing Officer correctly held that plaintiffs' evidence was insufficient to show that the insured's attitude, after its cooperation was diligently sought with efforts reasonably calculated to obtain it, was one of "`willful and avowed obstruction'" (Thrasher v United States Liab. Ins. Co., 19 N.Y.2d 159, 168). Plaintiffs were not precluded from introducing the audiotapes of...

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