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MATTER OF PROGRESSIVE NORTHWESTERN INSURANCE COMPANY v. VAN DINA

282 A.D.2d 680 (2001)

724 N.Y.S.2d 431

In the Matter of PROGRESSIVE NORTHWESTERN INSURANCE COMPANY, Appellant, v. KATHRYN A. VAN DINA, Respondent.

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

Decided April 23, 2001.

Ordered that the order is reversed, on the law, with costs, the petition is granted, and arbitration is permanently stayed.

The respondent was in a parking lot, placing packages into the trunk of her car. An unidentified vehicle drove past and its driver reached out and grabbed her purse. The respondent was pulled alongside the accelerating vehicle and ultimately thrown to the ground and injured. The respondent's injuries were the result of an intentional act and...

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