Verdicts by Practice Area: Insurance Coverage
Jessalea Shettle obtained a Final Summary Judgment and Final Declaratory Judgment in a coverage matter entitled Progressive American Insurance Company v. Allen Robert Grove, et al. Allan Thomas and Vivian Grove were allegedly injured in an automobile accident involving Vivian Thomas and filed suit against Ms. Thomas in Broward County, Florida. Vivian Thomas obtained a personal automobile insurance policy from Progressive, which was cancelled due to non-payment three days before Ms. Thomas was involved in the automobile accident with the Groves. Pre-Suit, Progressive denied coverage for the loss on the basis that the policy was not in effect on the date of loss. Following the filing of the lawsuit by the Groves, Progressive provided a defense under reservation of rights to Ms. Thomas, and retained Ms. Shettle to initiate a declaratory judgment action requesting the Court find as a matter of law the policy was properly cancelled in accordance with the applicable Florida Statutes and Progressive had no duty to defend or indemnify Ms. Thomas for the subject loss. Allan and Sally Grove disputed Progressive’s position, retaining attorney Gregg Silverstein to argue that Progressive failed to follow the proper Florida Statutes resulting in an invalid policy cancellation and argued the payments sought by Progressive were improper. Ms. Shettle was able to place irrefutable evidence in the record through Progressive corporate representative depositions that proper mailing and notice procedures were filed by Progressive in accordance with Fla. Stat. 627.728 resulting in a favorable declaratory judgment being entered on behalf of Progressive, removing any obligation to provide a defense or indemnification for the underlying bodily injury lawsuit.
On July 31, 2024, Jessalea Shettle, Tampa Partner obtained a final summary judgment in a coverage matter entitled Steven Martin v. Progressive American Insurance Company. Plaintiff was struck by an underinsured motor vehicle while riding a motorcycle. Pre-suit, Progressive denied coverage under the subject insurance policy’s exclusion which excluded UM coverage on non-stacked policies when the insured was injured while occupying a motor vehicle the insured owned that was not listed on the subject policy. Plaintiff filed a declaratory action seeking UM coverage by challenging multiple aspects of the Progressive policy, including the validity of the UM Selection rejection form, and the use of multiple definitions of a single word within different sections of the policy. Plaintiff also attempted to circumvent the exclusion in the policy by arguing because he was ejected from the motorcycle and landed on the vehicle that hit him, he was in fact occupying an uninsured motor vehicle he did not own at the time of his injury. Ms. Shettle successfully defended the use multiple definitions for a word or phrase in different sections of the policy pursuant to the various applicable Florida Statutes and use of bolded vs. non bolded terms within the policy. In addition, Ms. Shettle defended the validity of the UM Selection form and successfully utilized the approval of the form by the Office of Insurance Regulation to prohibit the insured’s challenge of same. Ms. Shettle also successfully argued the conclusion that occupancy in an accident remains with the original vehicle despite an involuntary ejection from the vehicle. The Court held that because Plaintiff was riding a motorcycle he owned at the time of the initial impact, the subject exclusion applied, and upheld both Progressive’s form and policy language. Read More
On January 3, 2025, Tampa Junior Partner Jessalea Shettle won a Motion for Judgment on the Pleadings, discharging Progressive’s requirement to indemnify and defend the insured in the underlying tort matter styled Progressive American Insurance Company v. Carr. Progressive’s Insured was involved in a severe car accident resulting in death. Their insured filed a complaint with the Department of Insurance and brought allegations that Progressive negligently mishandled his file, and failed to add $250,000/$500,000 bodily injury coverage to his vehicle when requested. The Estate filed suit against Progressive’s Insured, and Progressive filed a declaratory judgment action to seek confirmation from the Court that, at the time of the accident, the insured had not purchased and did not pay a premium for bodily injury coverage, despite his claims that he requested the change and Progressive breached its duty to its insured by failing to make a requested policy change. We were able to prove that Progressive’s policy accurately reflected what was purchased.
2011, James Waczewski and Leena Joseph. Read More