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AMERICAN REF-FUEL COMPANY OF HEMPSTEAD v. RESOURCE RECYCLING, INC.

281 A.D.2d 573 (2001)

722 N.Y.S.2d 570

AMERICAN REF-FUEL COMPANY OF HEMPSTEAD, Plaintiff, v. RESOURCE RECYCLING, INC., et al., Defendants, MINNESOTA FIRE & CASUALTY COMPANY, Sued Herein as MINNESOTA MUTUAL INSURANCE COMPANY, Respondent, and UNIVERSAL WELDING & ENGINEERING, Defendant and Third-Party Plaintiff-Respondent. FIREMAN'S FUND INSURANCE COMPANY OF WISCONSIN et al., Third-Party Defendants-Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 26, 2001.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

An insured's failure to comply with its obligations under an insurance policy is generally a defense to an action on the policy (see, Rajchandra Corp. v Title Guar. Co., 163 A.D.2d 765, 768-769). However, "an insurer cannot insist upon cooperation or adherence to the terms of its policy after...

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