SOMERSTEIN CATERERS OF LAWRENCE, INC. v. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA


262 A.D.2d 252 (1999)

692 N.Y.S.2d 369

SOMERSTEIN CATERERS OF LAWRENCE, INC., Appellant, v. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA et al., Respondents. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Respondent, v. SOMERSTEIN CATERERS OF LAWRENCE, INC., et al., Appellants, et al., Defendants.

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

Decided June 29, 1999.


Appellant was the insured under a fire policy issued by ISOP. Appellant's refusal to present its treasurer or bookkeeper for examination under oath respecting the loss claimed under the subject policy constituted a material breach of the policy's cooperation clause and, as such, precluded appellants' recovery of policy proceeds (see, Argento v Aetna Cas. & Sur. Co., 184 A.D.2d 487; Rosenthal v Prudential Prop. & Cas. Co...

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