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MATTER OF PROGRESSIVE NORTHERN INSURANCE COMPANY v. SENTRY INSURANCE A MUTUAL COMPANY

51 A.D.3d 800 (2008)

859 N.Y.S.2d 199

In the Matter of PROGRESSIVE NORTHERN INSURANCE COMPANY, as Subrogee of MIRA DUNCALF, Appellant, v. SENTRY INSURANCE A MUTUAL COMPANY, Respondent.

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

Decided May 13, 2008.

Ordered that the order is affirmed, with costs.

On December 10, 2004, Mira Duncalf, an insured of Progressive Northern Insurance Company (hereinafter Progressive) was involved in an automobile accident with an insured of Sentry Insurance A Mutual Company (hereinafter Sentry). On or about May 16, 2005, Progressive commenced an arbitration proceeding against Sentry with Arbitrations Forum, Inc. (hereinafter the arbitrator), seeking reimbursement, through a priority...

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