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MATTER OF PROGRESSIVE NORTHEASTERN INSURANCE COMPANY v. ROGERS

2010-11893, 2011-00386.

90 A.D.3d 666 (2011)

934 N.Y.S.2d 451

2011 NY Slip Op 8948

In the Matter of PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, Appellant, v. MARGARET ROGERS et al., Respondents. (Proceeding No. 1.) In the Matter of MARGARET ROGERS et al., Respondents, v. PROGRESSIVE INSURANCE COMPANY, Appellant. (Proceeding No. 2.)

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

Decided December 6, 2011.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

The appellant, Progressive Northeastern Insurance Company (hereinafter Progressive), issued an automobile insurance policy (hereinafter the policy) covering a 1985 Buick automobile owned and operated by Eugene Rogers and Margaret Rogers (hereinafter together the respondents). The policy included a statutorily mandated uninsured motorist endorsement (hereinafter the UM endorsement...

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