PROGRESSIVE CAS. INS. CO. v. EXCEL PRODS., INC.

2017-09284, Index No. 2660/15.

171 A.D.3d 812 (2019)

98 N.Y.S.3d 87

2019 NY Slip Op 02569

Progressive Casualty Insurance Company et al., Respondents, v. Excel Products, Inc., Appellant.

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

Decided April 3, 2019.


Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action, inter alia, for a judgment declaring that they are not obligated to pay certain no-fault claims submitted by the defendant on the grounds that the defendant failed to comply with conditions precedent to coverage or to verify its claims. The plaintiffs served the defendant by delivering a copy of the summons and complaint to the Secretary...

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