On December 15, 2011 a
Exhibit,Appendix
was filed
involving a dispute between
M&T Bank,
and
Global Sign Cleaning & Maintenance Inc.,
Shaya Brown,
for Commercial
in the District Court of Rockland County.
Preview
FILED: ROCKLAND COUNTY CLERK 07/23/2012 INDEX NO. 034293/2011
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 07/23/2012
3 flq!q1
08/11/2011 02:56 FAX 3157060947 PROGRESSIVE CAS INS Co OO2
PRU8REISIYE
Progressive Claims Branch
301 PjainfleldRdSIe 205
Syracuse Wy 132124555
November 22, 2010 Telephone: (315) 453-5100
Facsimile:
1315) 706-0947
**CERTIFD & REGULAR MA1L
Shaya Brown
54 N Cole Ave
Spring Valley, NY 10977
Policyholder: Global Sign Cleaning &
Underwritten by: National Continental Insurance Company
Claim Number: 102528385
Policy Number: 05297122 -1
Date of Loss: June 30, 2010
As you were notified on 10/21/10, a potential coverage problem existed which needed additional investigation.
I have since completed a thorough investigation of this claim and have made every attempt to provide coverage
for you. I regret to inform you, however, your claim cannot be covered by National Continental Insurance
Company.
Your policy # 05297122 -1, Form 6912, Edition 03/05, under the section entitled, YOUR DUTIES IN THE
EVENT OF AN ACCIDENT, CLAIM, LOSS OR SUIt provides that:
You and any person or organization claiming coverage as an insured must:
• assume no obligation, make no payment, or incur no expense without our consent,
except at the insured’s own cost;
• cooperate with us in any matter concerning a claim or lawsuit;
• provide any written proof of loss we may reasonably require;
• allow us to take signed and recorded statements, including sworn statements and
examinations under oath, and answer all reasonable questions we may ask as often as
we may reasonably require;
• promptly send us any and all legal papers relating to any claim or lawsuit;
• attend hearings and trials as we require;
• submit to medical examinations at our expense by doctors we select as often as we
may reasonably require;
• authorize us to obtain medical and other records; and
• allow us access to information from any event data recorder, or similar device
Your cooperation is not only necessary, but required under the terms of your policy contract with us. As you,
failed to appear for an examination under oath, we must respectfully deny your claim.
If you have any questions, please feel free to contact me directly at 315-453-5104.
Should you wish to take this matter up with the New York State Insurance Department, you may file with the
Department either on its website at www.ins.state.ny.us/complhow.htm or you may write to or visit the
Consumer Services Bureau, New York State Insurance Department, at: 25 Beaver Street, New York, NY
10004; One Commerce Plaza, Albany, NY 12257; 200 Old Country Road, Suite 340, Mineola, NY 11501; or
Walter J. Mahoney Office Building, 65 Court Street, Buffalo, NY 14202.
08/11/2011 02:56 FA 3157060947 PROGRESSIVE CAS INS Co 003
Sincerely,
Charles R Cesari Ext.5 104
Claims Representative
CRC/cc
Document Filed Date
July 23, 2012
Case Filing Date
December 15, 2011
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FILED: ROCKLAND COUNTY CLERK 07/23/2012 INDEX NO. 034293/2011 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 07/23/2012 3 flq!q1 08/11/2011 02:56 FAX 3157060947 PROGRESSIVE CAS INS Co OO2 PRU8REISIYE Progressive Claims Branch 301 PjainfleldRdSIe 205 Syracuse Wy 132124555 November 22, 2010 Telephone: (315) 453-5100 Facsimile: 1315) 706-0947 **CERTIFD & REGULAR MA1L Shaya Brown 54 N Cole Ave Spring Valley, NY 10977 Policyholder: Global Sign Cleaning & Underwritten by: National Continental Insurance Company Claim Number: 102528385 Policy Number: 05297122 -1 Date of Loss: June 30, 2010 As you were notified on 10/21/10, a potential coverage problem existed which needed additional investigation. I have since completed a thorough investigation of this claim and have made every attempt to provide coverage for you. I regret to inform you, however, your claim cannot be covered by National Continental Insurance Company. Your policy # 05297122 -1, Form 6912, Edition 03/05, under the section entitled, YOUR DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, LOSS OR SUIt provides that: You and any person or organization claiming coverage as an insured must: • assume no obligation, make no payment, or incur no expense without our consent, except at the insured’s own cost; • cooperate with us in any matter concerning a claim or lawsuit; • provide any written proof of loss we may reasonably require; • allow us to take signed and recorded statements, including sworn statements and examinations under oath, and answer all reasonable questions we may ask as often as we may reasonably require; • promptly send us any and all legal papers relating to any claim or lawsuit; • attend hearings and trials as we require; • submit to medical examinations at our expense by doctors we select as often as we may reasonably require; • authorize us to obtain medical and other records; and • allow us access to information from any event data recorder, or similar device Your cooperation is not only necessary, but required under the terms of your policy contract with us. As you, failed to appear for an examination under oath, we must respectfully deny your claim. If you have any questions, please feel free to contact me directly at 315-453-5104. Should you wish to take this matter up with the New York State Insurance Department, you may file with the Department either on its website at www.ins.state.ny.us/complhow.htm or you may write to or visit the Consumer Services Bureau, New York State Insurance Department, at: 25 Beaver Street, New York, NY 10004; One Commerce Plaza, Albany, NY 12257; 200 Old Country Road, Suite 340, Mineola, NY 11501; or Walter J. Mahoney Office Building, 65 Court Street, Buffalo, NY 14202. 08/11/2011 02:56 FA 3157060947 PROGRESSIVE CAS INS Co 003 Sincerely, Charles R Cesari Ext.5 104 Claims Representative CRC/cc