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HYER v. TRAVELERS INSURANCE COMPANY

297 A.D.2d 707 (2002)

747 N.Y.S.2d 393

JOAN HYER, Appellant, v. TRAVELERS INSURANCE COMPANY, Respondent.

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

Decided September 23, 2002.

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly concluded that the defendant met its "heavy burden" of proving "willful and avowed obstruction" on the part of its insured and thus was entitled to disclaim coverage based upon lack of cooperation (Thrasher v United States Liab. Ins. Co., 19 N.Y.2d 159, 168; see State Farm Fire & Cas. Co. v Imeri, 182 A.D.2d 683

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