Continental Cas. Co. v. Stradford

In Continental Cas. Co. v. Stradford, 11 N.Y.3d 443, 900 N.E.2d 144, 871 N.Y.S.2d 607 (2008), there existed a six-year period of sporadic, on-again, off-again cooperation, punctuated by contradictory patterns of affirmatively obstructive conduct. Since the assessing insured's actual intent was "obscured by repeated pledges to cooperate and actual cooperation," the Court found that further analysis and consideration by the carrier may have been warranted, thereby creating an issue of fact as to whether an ensuing, two-month delay in disclaiming was reasonable. See id. at 449-450.