ALLSTATE INS. CO. v. LONGWELL

No. 87 Civ. 7818(KC).

735 F.Supp. 1187 (1990)

ALLSTATE INSURANCE CO., Plaintiff, v. Robert LONGWELL, Defendant.

United States District Court, S.D. New York.

March 7, 1990.


Attorney(s) appearing for the Case

Robert J. Brennan, Porzio, Bromberg & Newman, New York City, for plaintiff.

Frank M. Blancato, Peekskill, N.Y., for defendant.


MEMORANDUM AND ORDER

CONBOY, District Judge:

This action arises out of a dispute between an insurer and an insured as to whether the insured, who invoked his Fifth Amendment right against self-incrimination rather than answer questions relating to a claimed loss, complied with his duty of cooperation under the insurance policy, which obligation the insurer maintains is a condition precedent to recovery thereunder.

STATEMENT OF FACTS

Allstate...

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