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MATTER OF PROGRESSIVE NORTHERN INS. CO. v. PEDONE

2015-05748, Index No. 85094/14.

139 A.D.3d 958 (2016)

31 N.Y.S.3d 586

2016 NY Slip Op 03887

In the Matter of PROGRESSIVE NORTHERN INSURANCE COMPANY, Appellant, v. JARROD PEDONE, Respondent.

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

Decided May 18, 2016.

Ordered that the order is affirmed, with costs.

In September 2012, Jarrod Pedone, a pedestrian, was seriously injured when he was struck by a motor vehicle owned and operated by Timothy Kane in Philadelphia, Pennsylvania. Jarrod sought coverage under the supplemental underinsured motorist (hereinafter SUM) endorsement contained in his parents' policy with the petitioner Progressive Northern Insurance Company (hereinafter Progressive). The SUM endorsement

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