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IN THE MATTER OF NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY v. BRESIL

7 A.D.3d 716 (2004)

777 N.Y.S.2d 174

IN THE MATTER OF NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant, v. ROODLYF BRESIL ET AL., Respondents.

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

May 17, 2004.

Ordered that the order is reversed, on the law, with costs, and the petition is granted, and the arbitration is permanently stayed.

The respondent Countryway Insurance Company, formerly known as Agway Insurance Company (hereinafter Countryway), disclaimed coverage to its insured, the respondent Jacques C. Albert, inter alia, on the ground of his lack of cooperation, in accordance with the terms of its policy. The petitioner commenced this proceeding to permanently...

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