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.

Trial Verdicts and Results
Case:
Progressive American Insurance Company v. Allen Robert Grove, et al. Allan Thomas and Vivian Grove
Practice Area:
Attorney(s) :
Plaintiff Counsel:
Gregg Silverstein, Esq.
Result:
Final Summary Declaratory Judgment
Summary:


