Defendants did not establish that plaintiff's failure to comply with the coverage conditions by not sitting for an EUO and by not producing all of the documents sought by defendants, was willful noncompliance with the terms of the subject policy. The motion court properly considered the totality of the circumstances in concluding that plaintiff's conduct was not so willful as to require excusing defendants from liability (see Erie Ins. Co. v JMM Props., LLC,
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GOEL v. TOWER INS. CO. OF N.Y.
8014, 106468/11.
96 A.D.3d 629 (2012)
948 N.Y.S.2d 244
2012 NY Slip Op 5099
ASHOK GOEL, Respondent, v. TOWER INSURANCE COMPANY OF NEW YORK et al., Appellants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
June 26, 2012.
June 26, 2012.
Appellate Division of the Supreme Court of New York, First Department.
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