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NEW YORK CITY HOUSING v. HOUSING AUTHORITY RISK

Docket No. 99-7264

203 F.3d 145 (2000)

NEW YORK CITY HOUSING AUTHORITY, Plaintiff-Counter-Defendant-Appellant, v. HOUSING AUTHORITY RISK RETENTION GROUP, INC., Defendant-Counter-Claimant-Appellee,

United States Court of Appeals, Second Circuit.

Decided: January 31, 2000

Attorney(s) appearing for the Case

Jeffrey Schanback, General Counsel, New York City Housing Authority, New York, N.Y. (Sonya M. Kaloyanides and Glenda L. Fussa, of counsel, on the brief), for Plaintiff-Counter-Defendant-Appellant.

John A. Ziegler, Sliwa & Lane, Buffalo, N.Y., for Defendant-CounterClaimant-Appellee.

Before: OAKES, POOLER, and KATZMANN, Circuit Judges.

POOLER, Circuit Judge:

This appeal requires us to decide whether an insured party's improper refusal to allow its insurer to convey a settlement offer constitutes willful and avowed obstruction justifying the insurer's failure to seek its cooperation before disclaiming liability. See Thrasher v. United States Liab. Ins. Co., 19 N.Y.2d 159, 278 N.Y.S.2d 793, 225 N.E.2d 503 (1967).

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