Legal Opinion
Rosetti v. United States Fidelity & Guaranty Co.
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 1995PublishedCited by 1 opinion
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment to defendant United States Fidelity & Guaranty Company, Inc. (USF&G). USF&G met its burden of establishing plaintiffs lack of cooperation (see, 304 Meat Corp. v New York Prop. Ins. Underwriting Assn., 188 AD2d 382). Plaintiff persistently failed to comply with the provision of the insurance policy issued to him by USF&G that required him to submit to an examination under oath and provide certain relevant documents and records. That persistent failure to comply constitutes a material breach of…
2Cases cited5 opinions
- Azeem v. Colonial Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Argento v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Azeem v. Colonial Assurance Co.New York Court of Appeals · 1984
- Johnson v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
- 304 Meat Corp. v. New York Property InsuranceAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by1 opinion
- Matter of Buffalo Schools Renovation ProgramNew York Supreme Court · 2016