Walker v. Progressive Direct Insurance Co.

After Steve Walker died in a motorcycle accident, his wife, Ronda, filed a wrongful death action against the driver of the other vehicle. The parties settled for the driver's liability policy limit and then Ronda filed suit against the couple's insurer, Progressive, to recover underinsured motorist insurance (UMI) under two policies. The district court granted Progressive's motion for summary judgment. The court agreed with the district court's conclusion that the policies' "owned vehicle" exclusion simply and unambiguously precludes coverage for damages sustained while the insured is occupying a vehicle he owns that is not included on the policies' declaration page. Accordingly, the court affirmed the judgment. View "Walker v. Progressive Direct Insurance Co." on Justia Law