NATIONWIDE MUTUAL INSURANCE COMPANY v. POSA


56 A.D.3d 1143 (2008)

867 N.Y.S.2d 591

NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. ROBERT J. POSA et al., Respondents.

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

Decided November 14, 2008.


Memorandum:

Defendant Kathleen A. Baughman commenced the underlying action against defendant Robert J. Posa seeking damages for injuries that she allegedly sustained on April 24, 2005 when the vehicle driven by her collided with a pickup truck owned and driven by Posa. It is undisputed that Posa left the scene of the accident without providing any identifying information to Baughman or the police, and that he submitted an insurance claim to plaintiff stating that...

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