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MATTER OF GOVERNMENT EMPLS. INS. CO. v. PELLOT

20445/14E. 24691/14E. Appeal No. 12167. Case No. 2020-01958.

187 A.D.3d 620 (2020)

131 N.Y.S.3d 138

2020 NY Slip Op 06036

In the Matter of Government Employees Insurance Company, Petitioner, v. Uziel Pellot, Respondent. In the Matter of Safeco Insurance Company, Appellant, v. Uziel Pellot, Respondent. GEICO Insurance Company, Proposed Additional Respondent.

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

Decided October 22, 2020.

The insurer did not meet its burden of showing that a hit-and-run accident did not occur (see Matter of Travelers Prop. & Cas. Co. of Am. v Mayen, 82 A.D.3d 402 [1st Dept 2011]). The hearing court's determination that there was physical contact between Pellot's motorcycle and an alleged hit-and-run vehicle is supported by a fair interpretation of the evidence.

We further find that SAFECO's three-month delay in disclaiming...

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