As detailed infra, starting in November, 2022, and at other times thereafter, BMM and ATIC engaged investigators to obtain Rai’s cooperation in defense of the motion, by way of a sworn statement describing the nature of the incident, however their attempts were explicitly and harshly rebuffed.

BMM submitted opposition to Plaintiff’s Summary Judgment motion on the issue of liability, but was unable to attach a statement from Rai, as he had refused to cooperate.

On October 22, 2024, ATIC was, apparently, advised about a new address for Rai, and wrote to him again, to repeat what was written in September, 2024, and to add that coverage was being denied for his non-cooperation, a material breach of the policy.

WHEREFORE, Plaintiff requests a judgment pursuant to Article 30 of the CPLR, declaring that plaintiff AMERICAN TRANSIT INSURANCE COMPANY does not afford coverage Mai K. Ren for the April 02, 2021 automobile accident, that Plaintiff AMERICAN TRANSIT INSURANCE COMPANY has no duty to provide liability coverage, defend and or indemnify Mai K. Ren for allegations asserted in the Houston Complaint, Supreme Court Kings County Index: 524041/2022 and further requests that counsel, Baker, McEvoy and Moskovits, be Matteo Sandusky, Esq. relieved as counsel for Mai K. Ren in the Houston Complaint, and that defendant Mai K. Ren is liable to Plaintiff for any costs, expenses or fees incurred and for such other and further relief as this court deems just and proper, together with costs and disbursements of this action.

CHRISTOPHER RYAN, being duly sworn, deposes and says: I am the CHIEF FINANCIAL OFFICER of AMERICAN TRANSIT INSURANCE COMPANY, a domestic corporation and a party to the within action.