Warnock v. Blue Ridge Insurance Company

• Decision Date: 26 April 2004
• Docket Number: 2003-01873.
• Citation: 2004 NY Slip Op 03128,6 A.D.3d 697,775 N.Y.S.2d 158
• Parties: RITA WARNOCK, Respondent, v. BLUE RIDGE INSURANCE COMPANY, Appellant, et al., Defendant.
• Court: New York Supreme Court — Appellate Division

6 A.D.3d 697

775 N.Y.S.2d 158

2004 NY Slip Op 03128

RITA WARNOCK, Respondent, v.BLUE RIDGE INSURANCE COMPANY, Appellant, et al., Defendant.

2003-01873.

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

April 26, 2004.

In an action pursuant to Insurance Law § 3420 to recover from the defendant Blue Ridge Insurance Company the amount of a judgment obtained against its insured, Blue Ridge Insurance

Company appeals from so much of an order of the Supreme Court, Kings County (Bernstein, J.), entered January 6, 2003, as denied its cross motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly concluded that the defendant insurer, Blue Ridge Insurance Company, was not entitled to summary judgment based on its defense of lack of cooperation of its insured, the defendantAnne Horan.Blue Ridge failed to meet its "heavy burden" of proving that it acted diligently to bring about the insured's cooperation, employing efforts that were...