Avarello v. State Farm & Casualty Company
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover under a fire insurance policy, the defendant insurance company appeals from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated February 9, 1993, which granted its motion for summary judgment only on condition that the plaintiff failed to comply with certain discovery.
Ordered that the order is affirmed, with costs.
In order to have prevailed on its defense of non-cooperation, the defendant-insurance company was required to show, by a preponderance of the evidence, that the plaintiff-insured had engaged in an unreasonable and willful pattern of refusing…
2Cases cited6 opinions
- 2423 Mermaid Realty Corp. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1988
- Averbuch v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1985
- High Fashions Hair Cutters v. Commercial Union InsuranceAppellate Division of the Supreme Court of the State of New York · 1988
- 232 Broadway Corp. v. Calvert InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- Yerushalmi v. Hartford Accident & Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1990
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- SCW West LLC v. Westport InsuranceDistrict Court, E.D. New York · 2012
- New York Central Mutual Fire Insurance v. RafailovaAppellate Division of the Supreme Court of the State of New York · 2007
- James & Charles Dimino Wholesale Seafood, Inc. v. Royal InsuranceAppellate Division of the Supreme Court of the State of New York · 1997
- DeLuca v. RLI Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2020
- Emigrant Mortgage Co. v. Washington Title InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
4 more not listed; retrieve them via the Exa API.