Most people are not arguing that Progressive did something illegal. They are arguing that Progressive did something immoral. Parroting the law is not going to change this.
I've run many claims against many of the big insurance carriers in my capacity as an attorney. If you're looking for consumer advice, here's what I can offer: stay away from the following carriers: State Farm, Allstate, Geico, Progressive, Farmers Insurance, and American Family. I repeat: STAY AWAY.
A good rule of thumb is this - the more money they spend on marketing, the more screwed you will be when the time comes to collect on your policy.
Here's some of the good ones: the Hartford, USAA, Farm Bureau, and Country Insurance. (If you have USAA or can get them, it's a no brainer. USAA has some of the best customer service, most reasonable claims professionals, and usually values claims correctly).
8.9.12 Judgment in favor of the Pltfs. Joan Fisher, Personal
8.9.12 Representative of the Estate of Kaitlynn E. Fisher
8.9.12 and Joan and Stephen Fisher, as Parents of Kaitlynn E.
8.9.12 Fisher, deceased and against the Deft's. Ronald Kevin
8.9.12 Hope, III and Progressive Advanced Insurance Co. in the 8.9.12 amount of $760,000.00. plus costs. Geller, J
grouse: What do you think it says?
What do you think it says?
Rule 3.1 Meritorious Claims and Contentions
A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis for doing so that is not frivolous, which includes, for example, a good faith argument for an extension, modification or reversal of existing law. A lawyer may nevertheless so defend the proceeding as to require that every element of the moving party's case be established.
(h) A person entitled to recover damages pursuant to this section shall not be required to make a claim against or bring an action against the uninsured or underinsured tortfeasor as a prerequisite to recover damages from the insurer providing coverage pursuant to this section.
For the past week, Progressive has been in active settlement discussions with the family of Kaitlynn Fisher. Though there was considerable public interest in this case and we know many of you saw mentions of it on social media and news outlets, we also believed it was inappropriate to share further details while those discussions were ongoing. As of this morning, an agreement has been reached with the Fisher family to settle the claim. Prior to that, we were cautious with our responses, but now that the agreement has been reached, we’d like to further clarify Progressive’s role in the trial.
Ms. Fisher held a policy with Progressive that included Uninsured/Underinsured Motorist coverage, which protects drivers in the event they’re struck by an at-fault driver who’s either uninsured or doesn’t have enough coverage.
Under Maryland law, in order to receive the benefits of an underinsured driver claim, the other driver must be at fault. Sometimes this can be proven without the need for a trial, but in Ms. Fisher’s case, there were credible conflicting eyewitness accounts as to who was at fault.
A trial was necessary so that a jury could review all of the evidence and come to a decision. In those circumstances, under Maryland law, the insurance company providing the Underinsured Motorist coverage is considered a defendant. As a defendant in this case, Progressive participated in the trial procedures on our own behalf while Nationwide represented the other driver.
On Thursday, August 9, a jury determined that the other driver was at fault in the accident involving Ms. Fisher. In accordance with that decision, Progressive worked with the Fisher family and their legal representative to resolve the claim.
This was a tragic accident and our sympathies go out to the Fisher family.
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