MATTER OF PROGRESSIVE PREFERRED INSURANCE COMPANY v. TOWNSEND

2010-05010.

79 A.D.3d 893 (2010)

912 N.Y.S.2d 427

In the Matter of PROGRESSIVE PREFERRED INSURANCE COMPANY, Appellant, v. KAREN TOWNSEND et al., Respondents, et al., Respondent.

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

Decided December 14, 2010.


Ordered that the order is affirmed, with one bill of costs.

Once the petitioner disclaimed liability coverage of the subject vehicle under the livery use exclusion provision of the subject insurance policy, the vehicle was rendered an uninsured motor vehicle under the policy, as required by Insurance Law § 3420 (f) (1), and the respondent Karen Townsend was entitled to seek uninsured motorist benefits (see Matter of Liberty Mut. Ins. Co. v Saravia, ...

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