In Ace Packing Co., Inc. v. Campbell Solberg Assoc, Inc., 41 AD3d 12, 15, 835 N.Y.S.2d 32 [1st Dept 2007], after first receiving notice of the claim, the insurer's adjuster sought to interview the plaintiff about "the circumstances surrounding the accident and what plaintiff did when it first received notice of the claim and the resulting lawsuit."
The plaintiff refused to cooperate with the adjuster for 30 days (id.).
Thus, the Court held that the 38-day delay was "due entirely to plaintiffs refusal to cooperate with the adjuster in its investigation" (id. at 15).
When the insurer first received notice of the claim, it did not know when "plaintiff first learned of either the accident or the lawsuit" (id.).