From Casetext: Smarter Legal Research

Marmorato v. Allstate Insurance Company

Appellate Division of the Supreme Court of New York, First Department
Apr 4, 1996
226 A.D.2d 156 (N.Y. App. Div. 1996)

Opinion

April 4, 1996

Appeal from the Supreme Court, Kings County (Melvin Barasch, J.).


While it is clear that plaintiff's refusal, upon advice of counsel, to answer certain of the questions put to him at the examination under oath was a breach of his contractual obligation to cooperate with defendant's investigation ( see, Evans v International Ins. Co., 168 A.D.2d 374), and that circumstances of the claim appear suspicious, we agree with the IAS Court that the noncompliance was not so willful or extreme as to warrant dismissal of the action without giving plaintiff one last chance to answer the questions ( see, Yerushalmi v. Hartford Acc. Indem. Co., 158 A.D.2d 407).

Concur — Sullivan, J.P., Rosenberger, Wallach, Kupferman and Williams, JJ.


Summaries of

Marmorato v. Allstate Insurance Company

Appellate Division of the Supreme Court of New York, First Department
Apr 4, 1996
226 A.D.2d 156 (N.Y. App. Div. 1996)
Case details for

Marmorato v. Allstate Insurance Company

Case Details

Full title:JOSEPH R. MARMORATO, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 4, 1996

Citations

226 A.D.2d 156 (N.Y. App. Div. 1996)
640 N.Y.S.2d 97

Citing Cases

Erie Insurance v. JMM Properties, LLC

it to an examination under oath may amount to a material breach of the insurance contract which would bar…

Those Interested Underwriters at Lloyd's v. AU Trading LLC

Similarly, although Defendants were obligated under the Policy to submit to an EUO, Underwriters have failed…