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MATTER OF AULL v. PROGRESSIVE CASUALTY INSURANCE COMPANY

300 A.D.2d 302 (2002)

751 N.Y.S.2d 292

In the Matter of DONALD T. AULL, Respondent, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Appellant. (Proceeding No. 1.) In the Matter of PROGRESSIVE NORTHWESTERN INSURANCE COMPANY, Appellant, v. DONALD T. AULL, Respondent. (Proceeding No. 2.)

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

Decided December 2, 2002.

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

On September 20, 1999, Donald Aull was injured in an automobile accident with a vehicle owned by Jose Tasso and insured by the Allstate Insurance Company (hereinafter Allstate). Aull commenced an action to recover damages for personal injuries against Tasso (the Tasso case). On February 13, 2001, Allstate offered to settle the Tasso case for the full amount of its policy. On March 8, 2001, Aull...

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