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MATTER OF PROGRESSIVE PREFERRED INSURANCE COMPANY v. WILLIAMS

3704N, 260172/09.

78 A.D.3d 578 (2010)

910 N.Y.S.2d 652

In the Matter of PROGRESSIVE PREFERRED INSURANCE COMPANY, Appellant, v. TALIA WILLIAMS, Respondent. ESURANCE INSURANCE COMPANY, Proposed Additional Respondent-Respondent, et al., Proposed Additional Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 23, 2010.

Petitioner's own submissions showed that the policy previously issued to the driver of the offending vehicle by Esurance had in fact been terminated before the accident, and that a hearing was not required to explore the possibility that such coverage was not properly canceled (see Matter of Allstate Ins. Co. v Holloway, 272 A.D.2d 539 [2000]). The notice of termination included "a statement that proof of financial security...

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