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DIAMOND STATE INSURANCE COMPANY v. UTICA FIRST INSURANCE CO.

1582N.

67 A.D.3d 613 (2009)

889 N.Y.S.2d 566

2009 NY Slip Op 08703

DIAMOND STATE INSURANCE COMPANY, as Subrogee of Gentry Apartments, INC., Respondent, v. UTICA FIRST INSURANCE COMPANY, Appellant.

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

Decided November 24, 2009.

This is a subrogation action involving a roof fire. Plaintiff sought to obtain other roofing exclusion claim files in defendant's possession. Defendant insurer has exhibited a pattern of repeated noncompliance with orders in this case and by this Court in a prior appeal (see 37 A.D.3d 160 [2007]), giving rise to an inference that its conduct has been willful and contumacious (see Olmsted v Pizza Hut of Am., Inc.,

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