Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant contends that the Supreme Court erred in denying its motion to dismiss the action because its insured breached the terms of the policy by failing to fully cooperate in the investigation of its claim. We disagree. In order to prevail upon a defense of noncooperation, an insurance carrier must show that its insured has "engaged in an unreasonable and willful pattern of refusing to...
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