Continental Casualty Co. v. Stradford
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
Over the course of nearly six years, defendant Terrance Stradford cooperated only sporadically with his professional liability insurer, plaintiff Continental Casualty Company, in the defense *446of two dental malpractice actions. We are asked to determine whether plaintiff timely disclaimed coverage in those actions on the basis of Stradford’s noncooperation. Because issues of fact remain with respect to the timeliness of plaintiffs disclaimer, we modify the order of the Appellate Division by denying summary judgment to defendants.1
I
In October 1998, defendants…
2Cases cited11 opinions
- Hartford Insurance v. County of NassauNew York Court of Appeals · 1979
- Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
- Sega v. State of New YorkNew York Court of Appeals · 1983
- First Financial Insurance v. Jetco Contracting Corp.New York Court of Appeals · 2003
- Allstate Insurance v. GrossNew York Court of Appeals · 1970
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- 233 East 17th Street, LLC v. L.G.B. Development, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- RLI INSURANCE COMPANY v. SMIEDALA, LESLIEAppellate Division of the Supreme Court of the State of New York · 2012
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