IN THE MATTER OF EAGLE INSURANCE COMPANY v. SANCHEZ


23 A.D.3d 655 (2005)

805 N.Y.S.2d 103

In the Matter of EAGLE INSURANCE COMPANY, Respondent, v. OSVALDO SANCHEZ, Respondent. ANTHONY SCARITO, Proposed Additional Respondent; ALLSTATE INSURANCE COMPANY, Proposed Additional Appellant.

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

November 28, 2005.


Ordered that the order is affirmed, with costs.

For an insurer to disclaim its liability to its insured on the ground of lack of cooperation, the insurer must demonstrate (1) that it acted diligently in seeking to bring about the insured's cooperation, (2) that the efforts employed by the insurer were reasonably calculated to obtain the insured's cooperation, and (3) that the attitude of the insured, after his or her cooperation was sought, was one of willful and...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases