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BOND v. PROGRESSIVE INSURANCE COMPANY

510087.

82 A.D.3d 1318 (2011)

917 N.Y.S.2d 756

RANDY BOND, Respondent, v. PROGRESSIVE INSURANCE COMPANY, Defendant, and HOPMEIER-EVANS-GAGE AGENCY, Appellant.

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

Decided March 3, 2011.

GARRY, J.

In 2002, plaintiff commenced a personal injury action against Robert O'Rourke and Theresa O'Rourke arising from a 1999 collision between plaintiff's snowmobile and the O'Rourkes' vehicle, which was insured by defendant Progressive Insurance Company. The O'Rourkes allegedly informed their insurance broker, defendant Hopmeier-Evans-Gage Agency (hereinafter HEG), of the action on the same day that they were served in March 2002. HEG allegedly failed to notify...

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