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IN THE MATTER OF STATE-WIDE INSURANCE COMPANY v. LUNA

2009-00439

68 A.D.3d 882 (2009)

2009 NY Slip Op 9237

889 N.Y.S.2d 488

In the Matter of STATE-WIDE INSURANCE COMPANY, Appellant, v. CHENANA LUNA et al., Respondents, and STATE FARM FIRE & CASUALTY COMPANY, Respondent.

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

Decided December 8, 2009.

Ordered that the order is affirmed, with costs.

Contrary to the petitioner's contention, State Farm Fire & Casualty Company established that it properly disclaimed coverage under its insured's insurance policy on the ground of noncooperation by demonstrating that it acted diligently in seeking to bring about its insured's cooperation, that its efforts were reasonably calculated to obtain its insured's cooperation, and...

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