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WESTCHESTER MEDICAL CENTER v. PROGRESSIVE CASUALTY INSURANCE COMPANY

43 A.D.3d 1039 (2007)

843 N.Y.S.2d 636

WESTCHESTER MEDICAL CENTER, as Assignee of BRENDA RYAN, Appellant, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Respondent.

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

Decided September 18, 2007.

Ordered that the order is affirmed, with costs.

This case has its genesis in a one-car accident which occurred on February 3, 2006 and which resulted in serious injuries to the driver. At that time, the vehicle was insured under a policy of insurance issued by the defendant, Progressive Casualty Insurance Company (hereinafter Progressive). According to the police accident report, the driver of the car was cited for unsafe speed and driving while intoxicated.

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