Western District Affirms Clinton County, MO Judgment Enforcing “Regular Use” Exclusion06/08/2016
The Court of Appeals for the Western District of Missouri recently affirmed a Clinton County, Missouri judgment in favor of Progressive Preferred Insurance Company. The court rejected the insured’s arguments that the term “motor vehicle” as used in the policy, was ambiguous. The insured claimed he was entitled to underinsured motorist benefits under his auto policy for injuries sustained in a highway accident while he was driving his John Deere Gator, which he had not insured under any policy. The insured had also counterclaimed against Progressive Preferred for breach of contract and vexatious refusal. The Court of Appeals held that the trial court properly dismissed the counterclaim after determining coverage in favor of Progressive Preferred. Suzanne Bruss authored the brief and argued the matter to the court.