Continental Casualty Co. v. Stradford

Goldstein, J. (dissenting

and voting to affirm the order appealed from, with the following memorandum, in which Schmidt, J., concurs): As the Supreme Court properly concluded, the plaintiff insurance carrier established that the insured failed to cooperate with it in his defense (see Utica First Ins. Co. v Arken, Inc., 18 AD3d 644 [2005]). Further, under the circumstances, the insurance carrier’s disclaimer was timely.

Insurance Law § 3420 (d) provides that in a case involving personal injuries, the insurance carrier must disclaim liability “as soon as is reasonably possible.” In a case where…