MATTER OF ALLSTATE INSURANCE COMPANY v. GARDANER


52 A.D.3d 599 (2008)

859 N.Y.S.2d 741

In the Matter of ALLSTATE INSURANCE COMPANY, Appellant, v. ANTHONY GARDANER, Respondent, et al., Respondent. TRAVELERS INSURANCE COMPANY, Proposed Additional Respondent.

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

Decided June 10, 2008.


Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court correctly determined that Travelers Insurance Company (hereinafter Travelers) was justified in disclaiming insurance coverage for its insured because of his failure to cooperate in the defense of an action against him. Under the circumstances of this case, where there was no cooperation by the insured, the insured could not be located after a diligent search, and there had been misrepresentations...

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