IN RE: PROGRESSIVE DIRECT INSURANCE COMPANY (2006)

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

IN RE: PROGRESSIVE DIRECT INSURANCE COMPANY, Petitioner-Appellant, v. Magdalena TRILLA, Respondent-Respondent, Universal Insurance Company, Additional Respondent-Respondent, Sharon Muhammad, Additional Respondent.

Decided: April 25, 2006

BUCKLEY, P.J., TOM, ANDRIAS, GONZALEZ, SWEENY, JJ.

Nesci Keane Piekarski Keogh & Corrigan, White Plains (Jason M. Bernheimer of counsel), for appellant. Eric H. Green, New York (Elliot B. Pasik of counsel), for Magdalena Trilla, respondent. Jacobson & Schwartz, Rockville Centre (Paul Goodovitch of counsel), for Universal Insurance Company, respondent.

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered November 1, 2005, which denied the petition to stay arbitration, unanimously affirmed, with costs.

The documentary evidence supports the court's determination that prior to the accident, additional respondent Universal Insurance Company had effectively cancelled the policy of additional respondent Muhammad, the driver of the other vehicle, for nonpayment of premium. Indeed, it is clear that Universal, a North Carolina company not licensed or authorized to do business in New York State, complied with the applicable insurance law (N.C.Gen.Stat. § 58-35-85) when it cancelled the policy in question. Petitioner was thus unable to establish that this accident did not involve an uninsured motorist.

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