American Employers' Insurance v. Liberi

Whether the defendants cooperated with the plaintiff as required by the terms of the policy presented an issue of fact. Glens Falls &c. Co. v. Keliher, 88 N. H. 253. Evidence indicating non-cooperation was the failure of the defendants to submit a signed statement of the accident from November 26, 1947 until August 19, 1954, when the plaintiff instituted this petition for declaratory judgment and their neglect to mail a statement which they promised in April 1948. There was also evidence of cooperation in that the defendants never refused to talk with the plaintiff’s investigators, and that…