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SECURITY MUTUAL LIFE INSURANCE COMPANY OF NEW YORK v. DIPASQUALE

302 A.D.2d 267 (2003)

756 N.Y.S.2d 5

SECURITY MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Respondent, v. CHRISTOPHER E. DIPASQUALE, Appellant. (And Another Action.)

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

Decided February 20, 2003.

Even in the absence of an explicit cooperation clause, the insured owed the insurer a duty of good faith, and was prohibited from refusing to comply with a requirement expressly set forth in the subject policies (see Structure Tone v Burgess Steel Prods. Corp., 249 A.D.2d 144) that mandated the submission directly to the insurer or its agents, on request, of unredacted federal tax returns for the entire period sought. Throughout...

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