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MATTER OF PROGRESSIVE INSURANCE COMPANIES

39 A.D.3d 1121 (2007)

834 N.Y.S.2d 394

In the Matter of the Arbitration between PROGRESSIVE INSURANCE COMPANIES, Respondent, and HEATHER NEMITZ, Appellant.

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

Decided April 26, 2007.

Cardona, P.J.

On October 10, 2004, Nicolas Feil, the owner and operator of an all-terrain vehicle (hereinafter ATV), failed to negotiate a turn while riding on a public road in the Town of Rosebloom, Otsego County. Feil drove into a ditch and the ATV overturned, causing his passenger, respondent, to sustain injuries. Feil did not carry insurance on the ATV and, consequently, respondent submitted a claim for supplementary uninsured/underinsured motorist (hereinafter...

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