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[SUPREME] Progressive Southeastern Insurance Company v. B&T Bulk, LLC, Bruce A. Brown, Robin S. Johnson, as Personal Representative of the Estate of Dona S. Johnson, Robin S. Johnson, Individually, State Farm Mutual Automobile Insurance Company, No. 21S-C

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Thursday, December 16, 2021 9am to 9:40am

Statehouse, Supreme Court Courtroom, 200 West Washington Street, Indianapolis, IN 46204

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Due to the COVID-19 pandemic, masks are required in the Courtroom, and public seating is limited for social distancing. (A live webcast will be available outside the Courtroom and remotely.)

The Estate of Dona Johnson filed a wrongful death complaint against B&T Bulk and its truck driver after an accident occurred while the driver was en route to pick up a load of nonhazardous materials in Logansport and deliver it to South Bend. B&T had a commercial automobile policy with Progressive, which sought a judgment declaring that the MCS-90 endorsement to its policy does not apply to the accident. The Carroll Circuit Court entered summary judgment for B&T and the Estate. The Court of Appeals affirmed, holding that under Indiana law the minimum levels of financial responsibility in 49 C.F.R. 387 apply to a motor carrier transporting nonhazardous materials intrastate, and that the B&T driver was engaged in the “transportation” of property at the time of the accident. Progressive Se. Ins. Co. v. B&T Bulk LLC, 170 N.E.3d 1125 (Ind. Ct. App. 2021), vacated. This Court has granted transfer and assumed jurisdiction over the appeal.

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