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CONTINENTAL CAS. v. STRADFORD

11 N.Y.3d 443 (2008)

CONTINENTAL CASUALTY COMPANY, Appellant, v. TERRANCE D. STRADFORD, Defendant, and HECTOR GUNARATNE et al., Respondents.

Court of Appeals of the State of New York.

November 25, 2008.

Attorney(s) appearing for the Case

White Fleischner & Fino, LLP, New York City (Benjamin A. Fleischner, Nancy Davis Lyness and Janet P. Ford of counsel), for appellant.

Lutfy & Santora, Staten Island (James L. Lutfy of counsel), for respondents.

OPINION OF THE COURT

CIPARICK, J.

Over the course of nearly six years, defendant Terrance Stradford cooperated only sporadically with his professional liability insurer, plaintiff Continental Casualty Company, in the defense of two dental malpractice actions. We are asked to determine whether plaintiff timely disclaimed coverage in those actions on the basis of Stradford's noncooperation. Because issues of fact...

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