Recently, a New York Appellate Division agreed with a trial court that failure to appear for multiple depositions does not constitute non-cooperation under the insurance policy. Applying the Thrasher test, the New York Appellate Division for the Second Department in Foddrell v. Utica First Insurance Co., No. 2017-04573, 2019 WL 6884967 (N.Y. App. Div. Dec. 18, 2019) found that this conduct did not rise to the level of "willful and avowed obstruction."