Test

Testing 123 Link

Test

Testing 123 Link

Header

[APPEALS] Progressive Southeastern Insurance Company v. Bruce Brown, et al., 20A-CT-1765

Monday, April 19, 2021 11:00am to 11:40am

[APPEALS] Progressive Southeastern Insurance Company v. Bruce Brown, et al., 20A-CT-1765
Add to calendar

Dona S. Johnson died in a traffic accident after a tractor-trailer owned by B&T Bulk crossed a median and struck her car. Johnson’s estate filed a wrongful-death action against B&T and its driver. B&T requested a defense and indemnification from its liability insurer, Progressive Southeastern Insurance Company. Progressive then filed an action seeking a declaration (1) Progressive did not have a duty to defend or indemnify B&T or its driver because the tractor-trailer was not an insured auto under B&T’s policy and (2) the MCS-90 endorsement included in B&T’s policy did not apply because the tractor-trailer was on an intrastate trip at the time of the accident. Following the parties’ filing of competing summary-judgment motions, the trial court agreed with Progressive on the first ground; however, it found the MCS-90 endorsement applied. Progressive now appeals.

The scheduled panel members are Judges Vaidik, Brown, and Pyle.

Event Details