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ZIZZO v. LIBERTY MUT INS. CO.

188 Misc.2d 293 (2001)

728 N.Y.S.2d 343

JANET ZIZZO, Respondent, v. LIBERTY MUTUAL INSURANCE COMPANY, Also Known as LIBERTY MUTUAL GROUP, Appellant.

Supreme Court, Appellate Term, Second Department.

April 11, 2001.

Attorney(s) appearing for the Case

Feldman, Rudy, Kirby & Farquharson, P. C., Westbury (Michael P. Reynolds of counsel), for appellant.

Sarisohn, Carner, LeBow, Braun & Shiebler, Commack (Robert A. Braun and Marvin Waxner of counsel), for respondent.

FLOYD, P. J., COLABELLA and COPPOLA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously affirmed without costs.

An insured's failure to comply with the cooperation clause of an insurance policy, requiring the insured to submit to an examination under oath and to provide information requested by the insurer in connection with the insurer's investigation of a claim, constitutes a material breach of the policy precluding recovery thereunder (see, Weissberg v Royal Ins. Co.,

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