Whitehouse Early, Inc. v. Progressive Insurance

Appellate Division of the Supreme Court of New York

Whitehouse Early, Inc. v. Progressive Insurance

93 A.D.3d 432, 938 N.Y.S.2d 894

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 1, 2012

StatusPublished

This text of 93 A.D.3d 432 (Whitehouse Early, Inc. v. Progressive Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whitehouse Early, Inc. v. Progressive Insurance, 93 A.D.3d 432, 938 N.Y.S.2d 894 (N.Y. Ct. App. 2012).

Pincite

Opinion

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered April 8, 2011, which, among other things, granted plaintiffs’ motion for summary judgment declaring that defendant Progressive Insurance Company is obligated to contribute with plaintiff Lancer Insurance Company on a ratable basis to the defense and indemnification of their mutual insureds, plaintiffs Whitehouse Early, Inc. and Frank Ray, in an underlying personal injury action, unanimously affirmed, with costs.

Whitehouse’s procurement of an insurance policy from Lancer effective October 9, 2008 did not render Progressive’s policy terminated on that date. Rather, Progressive’s policy terminated on November 19, 2008 upon receipt of Whitehouse’s request for cancellation (see Savino v Merchants Mut. Ins. Co., 44 NY2d 625, 628 [1978]). Accordingly, the motion court properly determined that Progressive’s policy was in effect on November 5, 2008, the date of the underlying accident.

We have considered Progressive’s remaining arguments and [433]*433find them unavailing. Concur — Tom, J.P., Friedman, Acosta, DeGrasse and Roman, JJ.

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Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered April 8, 2011, which, among other things, granted plaintiffs’ motion for summary judgment declaring that defendant Progressive Insurance Company is obligated to contribute with plaintiff Lancer Insurance Company on a ratable basis to the defense and indemnification of their mutual insureds, plaintiffs Whitehouse Early, Inc. and Frank Ray, in an underlying personal injury action, unanimously affirmed, with costs.

Whitehouse’s procurement of an insurance policy from Lancer effective October 9, 2008 did not render Progressive’s policy terminated on that date. Rather, Progressive’s policy terminated on November 19, 2008 upon receipt of Whitehouse’s request for cancellation (see Savino v Merchants Mut. Ins. Co., 44 NY2d 625, 628 [1978]). Accordingly, the motion court properly determined that Progressive’s policy was in effect on November 5, 2008, the date of the underlying accident.

We have considered Progressive’s remaining arguments and [433]*433find them unavailing. Concur — Tom, J.P., Friedman, Acosta, DeGrasse and Roman, JJ.

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Bluebook (online)

93 A.D.3d 432, 938 N.Y.S.2d 894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitehouse-early-inc-v-progressive-insurance-nyappdiv-2012.