Utica Mutual Insurance v. Gruzlewski

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment to plaintiff insurer on the ground of lack of cooperation of its insured. The record shows that representatives of plaintiff undertook efforts that were reasonably calculated to bring about the cooperation of the insured (see, e.g., State Farm Fire & Cas. Co. v Imeri, 182 AD2d 683, 684). Despite those efforts, the insured willfully obstructed plaintiff s defense of the underlying litigation by refusing to turn over documents and failing to appear at an examination before trial or…